CONDOMINIUM AUTHORITY TRIBUNAL
DATE: February 8, 2023
CASE: 2022-00551R
Order under section 1.47 of the Condominium Act, 1998.
Member: Sancia Pinto, Member
The Applicant, Mariam Verjee Self-Represented
The Respondent, York Condominium Corporation No. 43 Represented by Evan Holt, Counsel
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 34.3 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.
3The Applicant and the Respondent acknowledge that this Consent Order closes the Tribunal case. The Tribunal orders that this case has been resolved without a hearing on consent of the parties, based on the following terms and conditions set out in this consent order.
ORDER
4The agreed upon terms of this consent order are as follows:
- Within 5 days of the date of this Consent Order, the respondent shall provide the applicant with the following at no cost:
i. The unaudited financial statements for April 2022 (redacted as necessary and accompanied by a statement of redactions in accordance with the case law and/or Condominium Act); and,
ii. The link to the audio/video recording of the May 18, 2022 AGM.
- Within 10 days of the date of this Consent Order, the respondent shall provide the applicant with the following:
i. A cheque in the amount of $75.00 payable to the applicant representing the Tribunal filing fees; and,
ii. A cheque in the amount of $300.00 payable to the applicant for the denial of access to records and to resolve all issues in this Application.
COMPLIANCE
5The terms of the settlement as set out in this Consent Order shall not be treated as confidential.
6If 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.
Sancia Pinto
Member, Condominium Authority Tribunal
Released on: February 8, 2023