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TOPIC:
#19168
Management DISCIPLINE PENALTY imposed - possibly first 2021/01/01 16:07  
Not legal advice, as usual

1 - ( alerted via general tweet by lawyer Chris Jaglowitz ) Amidst the Ontario Auditor General’s late 2020 value-for-dollar audit of “condo oversight in Ontario” https://www.auditor.on.ca/en/content/annualreports/arreports/en20/20VFM_10condominium.pdf , CMRAO the Condominium Management Regulatory Authority’s Discipline Committee quietly released a month ago what may be its FIRST EVER disciplinary penalty .

Condominium Management Regulatory Authority of Ontario (CMRAO) site is at https://www.cmrao.ca/en-US/

Site links to Nov 6/20 consented findings ( without details) & levies fine of $ 3, 500 against a licensee by Discipline Committee https://www.cmrao.ca/compliance/discipline-and-appeals-Committee/SignedOrderoftheChair- AureliaDumitrescu-2020-11-06.pdf


2 - WHAT MIGHT IT COST WHERE NOT CONSENTED AS ABOVE ? Are possible costs also a factor in discouraging drastic discipline ?

About costs a 2020 eye opener - not condo management - where a professional licence revocation is contested, & this one may not be over yet :

( withheld by me ) v. Association of Ontario Land Surveyors, 2020 ONSC 863 issued Feb 10/20 http://canlii.ca/t/j54tk

Upholding licence revocation and a shocking $ 250 K costs being only PART OF WHAT WAS incurred by mere 600 member professional association, Divisional Court panel rejects this appeal ( & adds $ 12.5 K more costs ).

Panel confirms Orders issued AFTER 21 DAYS OF HEARINGS by AOLS Discipline Committee with counsels & witnesses ! Excerpt :

“ . . . . [87] While the costs award ( $ 250,000 ). . . was objectively significant, the length of the hearing was largely driven by Mr. ( XXX ‘s ) approach to challenge the proceedings with multiple days of motions and allegations against Association personnel.

The costs were but a fraction of the actual legal fees and disbursements incurred by the Association in prosecuting the proceedings.

Costs are highly discretionary and are subject to review only if there is an error in principle or they are plainly wrong. Hamilton v. Open Window Bakery Ltd., 2004 SCC 9 (CanLII), at para. 27.

Neither ground applies here. . . .” - unquote - surveyors not condo managers. Discipline is subject to appeal howsoever difficult nowdays . . .
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