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Benoit v. Peel Condominium Corporation No. 129

Corporation:

​

Date:

2024-08-13

Summary:

In this case, the Condominium Authority Tribunal of Ontario (CAT) ruled that a condominium corporation failed to adequately provide records requested by a unit owner. The owner requested a document which included the corporation's legal costs, but the corporation only provided a summary, which the CAT deemed insufficient.

Under:

Records

Verdict:

The Condominium Authority Tribunal ruled that the condominium corporation must provide the requested records to the owner and pay the owner's legal costs. This is significant because it reinforces the rights of unit owners to access records and the obligations of condominium corporations to provide these records.

Takeaways:

- Condominium corporations must provide full access to the records requested by unit owners, not just a summary.
- The CAT can order a condominium corporation to provide records and pay the owner's legal costs if they fail to comply.
- The CAT will not accept excuses such as the records being too difficult to access or that providing them would breach privacy.

Recommendations: 

- Condo boards should ensure they have a robust system in place for record-keeping and retrieval to avoid such issues.
- Condo boards should be prepared to provide complete records to unit owners upon request, not just summaries.
- Boards should be aware that failure to meet their obligations could result in them being ordered to pay the unit owner’s legal costs.

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