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Altilia v. York Region Condominium Corporation No. 755 - 2021 ONCAT 113 - 2021-11-29

Corporation:

AYRCC 755

Date:

2021-12-01

Under:

CAT Decisions - Dismissal Order
Access to Records
Fees, Costs, Penalties

Summary:

In the case of "Altilia v. York Region Condominium Corporation No. 755," the Applicant sought access to records from the Respondent condominium corporation. However, before the case proceeded to a formal hearing, the Respondent provided the records to the Applicant, resolving the records issue. The only remaining matter was the recovery of the Applicant's legal fees. The CAT ruled against ordering the recovery of legal fees, citing Rule 46.1 of the CAT's Rules of Practice, which allows such recovery only under exceptional circumstances. As the Respondent had satisfied the Applicant and the issue was not complex, the CAT dismissed the request for legal fees recovery. The parties were commended for their collaborative approach.

Verdict:

In Altilia v. York Region Condominium Corporation No. 755, the Applicant initially sought records from the Respondent condominium corporation. However, before the formal hearing, the Respondent provided the records and agreed to pay the Applicant's filing fees. The only outstanding issue was the recovery of the Applicant's legal fees, but the Condominium Authority Tribunal (CAT) did not find exceptional reasons to order the Respondent to pay them. The CAT emphasized that it will only order the payment of legal fees under exceptional circumstances. The case was ultimately dismissed, and the parties were commended for their cooperative approach

Takeaways:

In the case of Altilia v. York Region Condominium Corporation No. 755, the Applicant initially sought access to records from the Respondent condominium corporation.

Before the case proceeded to a formal hearing, the Respondent provided the records to the Applicant, thereby resolving the records-related dispute.

The remaining issue revolved around the recovery of the Applicant's legal fees. However, the Condominium Authority Tribunal (CAT) did not find exceptional reasons to order the Respondent to pay these fees under Rule 46.1 of the CAT's Rules of Practice.

The CAT emphasized that it will only order the payment of legal fees by one party to another under exceptional circumstances.

The Applicant and Respondent reached an agreement regarding the reimbursement of the Applicant's filing fees, and the case was ultimately dismissed, with both parties commended for their cooperative approach to resolving the matter.

Recommendations: 

Condominium corporations and unit owners should aim to resolve disputes related to records and other matters in a collaborative and cooperative manner whenever possible, as demonstrated in this case. Open communication and willingness to address concerns can lead to quicker and more cost-effective resolutions.

Before pursuing a legal case involving condominium matters, it is essential for parties to clearly understand the rules and regulations governing such disputes. In this instance, the CAT highlighted that legal fees would only be ordered in exceptional cases, emphasizing the importance of knowing the applicable regulations.

When faced with disputes over legal fees, parties should be prepared to provide evidence of exceptional reasons that warrant the recovery of such fees. In this case, the CAT did not find such reasons, underscoring the need for a strong and substantiated argument when seeking reimbursement of legal expenses.

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