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Branco v. Toronto Standard Condominium Corporation No. 1930, Cappuccitti

Corporation:

​

Date:

2025-02-11

Summary:

This case involves a dispute between a condo corporation and a unit owner over access to records. The unit owner requested several records from the corporation, including financial statements and contracts, but the corporation refused to provide some of them, arguing they were irrelevant or personal.

Under:

Records

Verdict:

The Tribunal ordered the condo corporation to provide the requested records to the unit owner, finding that the corporation did not have a valid reason to refuse. This case highlights the broad scope of 'records' under Ontario condo law and the obligations of condo corporations to provide these records to unit owners.

Takeaways:

- Condominium corporations are required to keep and provide certain records to unit owners upon request, unless there is a valid reason not to.
- The definition of 'records' under Ontario condo law is broad and can include financial statements, contracts, and other documents.
- Condo corporations cannot refuse to provide records on the basis that they are irrelevant or personal, unless they can demonstrate that the request is frivolous, vexatious or in bad faith.

Recommendations: 

- Condo boards should ensure that they are familiar with their obligations under Ontario condo law regarding records.
- Boards should have a clear and fair process in place for handling records requests from unit owners.
- If a board believes a request is frivolous or in bad faith, it should seek legal advice before refusing the request.

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