Maurice Duval

730 Spadina Crescent East

SASKATOON, SK

S7K 4H7

ATTENTION: Mr. Maurice Duval, Treasurer

Re: Your letter of May 30, 2017 & Misleading Allegations

Dear Sir:

First of all, I have in fact chosen to use the automatic payment option to ensure prompt delivery of all payments I have made the Corporation. Unfortunately, you as a Board member seem to have conveniently forgotten that the Board directed management in 2007 to establish a segregated bank account with the Royal Bank for banking transactions relating to the Spadina Condominium Corporation. The Board at that time, had serious concerns with the accounting practices of Colliers McClocklin Property Management and their most insecure use of mingling our bank account with other properties. After quite some delay, the Board found it necessary in 2007, to request confirmation from management, that a separate bank account in the name of Spadina Condominium Corporation had in fact been established.

Once the account was established, now some ten years ago, I began to make payment of all monthly fees and special assessments, directly to the Corporation via a secure online transaction or by cheque. Until this past year, I have never received any objection to this “automatic payment option” to the Corporation’s bank account. You will find that any responsible Board of a condominium corporation, will insist on a segregated bank account in the name of their corporation, in the obvious interest of its unit owners.

In late December of 2009, you seconded a motion that would permit online monitoring of the SCC bank account with the Royal Bank. It is apparent, that you and the Board have failed to ensure that management does in fact make use of the established RBC Express Cash Management service to which the Corporation subscribed at that time.

I have been in business for many years and with thousands of payments made annually whether by cheque or online, I have never heard from any payee, the ridiculous request that I PROVIDE PROOF OF PAYMENT ON MY PART FOLLOWING A COMPLETED AND CONFIRMED PAYMENT TRANSACTION. Apparently, I am the only unit owner making payments directly to the SCC bank account, yet your management (and yourself), find it most difficult to determine where the deposits are coming from. I find it very interesting that you as a CPA, would suggest that a DETECTIVE AGENCY is required to “figure out where deposits apply”. I have repeatedly advised management, that should I be provided with a copy of the SCC bank statements, I would be pleased to assist by demonstrating to them the specific transactions reflecting my payments to the Corporation. Both management and the Board have refused my request.

You need to not “await my analysis of where to credit my payments and the proof of such payments”.

I am sure others are making online payments to an account other than to the appropriate bank account of Spadina Condominium Corporation. I understand these “others” have not been asked to provide special instruction as to where their payment is applied nor proof of their payment which has already been confirmed in their bank records. Why are records of my payments so difficult to understand? I have provided your management with all of the information they require to confirm that MY ACCOUNT IS IN FACT CURRENT AND THAT ALL ALLEGATIONS OF MANAGEMENT AND THE BOARD regarding the status of my account are in fact VERY INAPPROPRIATE AND MISLEADING.

My account status has been and continues to remain current, contrary to management and the Board.

Yet the Board has mislead unit owners that my account continues to remain in arrears. In fact, I may be the only unit owner that has had a credit balance in my account for some time. I suggest that you do as you have threatened, that being, taking “legal action” , to resolve the issue. If you feel that you are correct, at least stand with your word and file a statement of claim. Of course, I fully expect that, with you and other residential Board member support, the legal counsel of the McClockin’s will of course be engaged to pursue this matter.  I look forward to your submission of a report from your detective agency as you have informed is required, and a subsequent meeting with you in Court in order to seek resolution to this matter once and for all.Your personal bias as a “YES MAN” to the commercial owner and your conflict of interest via your past and potentially current commercial relationship with the McClocklin’s, is very much contrary to the interests of Spadina Condominium unit owners. This matter is in fact, a very relevant issue as it relates to the above. As has been previously requested, please adhere to responsible Board governance responsibilities and obligations, by providing to the unit owners a written declaration of any current or past commercial or professional relationship with the management company or any entity related to the McClocklin’s. Your continued rejection of providing such a declaration, will of course, clearly demonstrate a most troubling and serious issue of concern to our unit owners.

Yours truly,

Dennis M. Tofin

SASKATOON, SK S7K 4H7

(306)242-0409

Email: dennistofin@shaw.ca