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2630276 Ontario Inc. v. Toronto Standard Condominium Corporation No. 2519 - 2021 ONCAT 117 - 2021-12-13
Corporation:
2OITSCC 2519
Date:
2021-12-13
Summary:
In the case of 2630276 Ontario Inc v Toronto Standard Condominium Corporation No 2519, the issue at hand was the fee that the Respondent could charge for producing requested records. Both parties agreed on the entitlement to the records and the reasonable fee of $30 per hour. However, they disagreed on the amount of time required to prepare the records, which would impact the total fee. According to Ontario Reg 4801 of the Condominium Act 1998, the fee should be a reasonable estimate of the actual labor and delivery costs incurred by the corporation. The Respondent estimated 215 hours of labor, along with a fee of $0.20 per page for printing and photocopying. The Applicant argued that the estimated hours were unreasonable, and the records could be redacted and delivered electronically. The decision and penalties were not mentioned in the provided scrape.
Under:
CAT Decisions - Decision
Fees, Costs, Penalties
Verdict:
The quick verdict in the case 2630276 Ontario Inc v Toronto Standard Condominium Corporation No 2519 is that both parties agreed on the entitlement to the requested records and a reasonable fee of $30 per hour. However, they disputed the amount of time required to prepare the records, which would impact the total fee. The decision did not specify any penalties or costs awarded against either party. The lesson from this case is that when requesting records, it is important to clarify and agree upon the estimated labor hours and associated fees to avoid disputes and ensure a fair and reasonable cost for producing the records.
Takeaways:
Disputed Fee: The main issue of contention in the case was the fee that the Toronto Standard Condominium Corporation No 2519 could charge for producing requested records. Both parties agreed on the entitlement to the records and a reasonable fee of $30 per hour. However, they disagreed on the amount of time required to prepare the records, which would impact the total fee.
Labor and Delivery Costs: The fee for producing the requested records should be a reasonable estimate of the actual labor and delivery costs incurred by the condominium corporation, as per Ontario Reg 4801 of the Condominium Act 1998. The Respondent estimated 215 hours of labor, along with a fee of $0.20 per page for printing and photocopying.
Record Accessibility: Both parties agreed that the requested records could be redacted as needed and delivered electronically. The Applicant argued that the estimated hours for redacting the records were unreasonable and that the records could be delivered electronically, eliminating the need for printing and photocopying charges.
Penalties and Costs: The decision did not specify whether any penalties or costs were awarded against either party in this case.
Recommendations:
Clarify and Justify Fee Calculation: It is recommended that the Toronto Standard Condominium Corporation No 2519 provide a clear breakdown and justification for the estimated 215 hours of labor required to prepare and produce the requested records. This will help address the concerns raised by the Applicant regarding the reasonableness of the estimated hours and ensure transparency in the fee calculation.
Explore Electronic Delivery Options: Given that both parties agree that the requested records can be redacted and delivered electronically, it is recommended that the Respondent consider delivering the records in electronic form. This would eliminate the need for printing and photocopying charges, as stated in the Ontario Regulation 4801 under the Condominium Act 1998.
Consider Feedback from Similar Cases: Although not directly addressed in this case, the parties should consider reviewing the decision in the North York Medicare Centre v Toronto Standard Condominium Corporation No 2519 case. While the circumstances may vary, similarities in the issues and arguments made by the parties provide an opportunity to learn from that decision and consider its implications for the fee calculation and other aspects of this case.