Kaminski v. Halton Standard Condominium Corporation No. 645, 2021 ONCAT 26

CONDOMINIUM AUTHORITY TRIBUNAL

DATE: March 31, 2021
CASE: 2021-00055R

Citation: Kaminski v. Halton Standard Condominium Corporation No. 645, 2021 ONCAT 26

Order under section 1.47 of the Condominium Act, 1998.

Member: Monica Goyal, Member

The Applicant: Wayne Kaminski and Ann-Marie Kaminski, Self-Represented

The Respondent: Halton Standard Condominium Corporation No. 645, Represented by Patrick Nelson

CONSENT ORDER

1In the Condominium Authority Tribunal’s (CAT) online dispute resolution system, the Parties agreed to settle this case in Stage 2 - Mediation.

2Under Rule 32.1 of the CAT’s Rules of Practice, the CAT can close a case in Stage 2 - Mediation if the Parties agree to the CAT making a consent order that resolves the dispute.

3With the consent of the Parties, the CAT orders that this case has been resolved, based upon the terms and conditions set out in this consent order.

ORDER

4The Applicant, Wayne and Ann-Marie Kaminski, and the Respondent, Halton Standard Condominium Corporation No. 645, have resolved the case in Mediation with the Respondent providing the Applicant the following documentation as requested:

1. Reference documents provided by Property Management to the Board regarding the requirement for kitchen stack cleaning referenced in the minutes of the board meeting of March 28, 2019;

2. A copy of the response received from Cion Coulter Ltd. (the corporation’s building engineering consulting company) regarding kitchen stack cleaning referenced in the minutes of board meeting of June 23, 2020;

3. Copies of all quotes, proposals, and documentation received from plumbing contractors regarding the kitchen stack flushing and installation of clean-outs as referenced in the minutes of the board meeting of September 22, 2020;

4. Copy of the final quote received from GTA Plumbing Ltd. after they have received the information provided by a director as referenced in the minutes of the board meeting of September 22, 2020; and

5. Reimbursement of the Tribunal Application fees to the Applicant in the amount of $75.00 within 7 days of the date of the Consent Order.

5Additionally, the Respondent acknowledges and represents that the following records are not in their possession:

1. A copy of all procedures and steps to be undertaken for the kitchen stack cleaning provided by Cion Coulter Ltd. (the corporation’s building engineering consulting company) as referenced in the minutes of the board meeting of July 28, 2020.

6The Applicant accepts this representation.

7The Applicant confirms receipt of the above documentation. In exchange for receipt of the above, the Applicant agrees to withdraw their Application.

8The Parties consent to closing of this file, as there are no further actions required to be taken in this matter.

9The Tribunal orders that this file be closed and indicates that this case has been fully resolved in Stage 2 - Mediation. This Application cannot be re-opened.

COMPLIANCE

10If any of the Parties fails to comply with any of the terms of this order, it may be enforced through the Ontario Superior Court of Justice.

Monica Goyal

Member, Condominium Authority Tribunal