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Chai v. Toronto Standard Condominium Corporation No. 2431 - 2023 ONCAT 14 - 2023-01-31

Corporation:

CTSCC 2431

Date:

2023-01-31

Summary:

In the case of Chai v. Toronto Standard Condominium Corporation No. 2431 (2023 ONCAT 14), the Applicant sought access to various records of the condominium corporation, alleging issues related to the adequacy of records, refusal of certain records, excessive fees, and governance matters. The Respondent, Toronto Standard Condominium Corporation No. 2431, participated in mediation but did not take part in the subsequent hearing. The Tribunal, presided over by a Member, addressed several issues raised by the Applicant. It ruled in favor of the Applicant on some matters, including ordering the provision of certain records and an explanation for redactions. However, it also noted the importance of distinguishing between record requests and governance issues, urging the Applicant to reconsider future applications. The Tribunal did not award costs to the Applicant.

Under:

CAT Decisions - Decision
Access to Records
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties

Verdict:

In the case of Chai v. Toronto Standard Condominium Corporation No. 2431, several issues related to access to records were addressed. The tribunal found that the corporation complied with certain record requests, such as the Reserve Fund study, but failed to provide some requested by-laws and redacted records adequately. The corporation was also ordered to review the costs for providing records, and the applicant was not awarded costs for the hearing.

Takeaways:

Key Takeaways:

The case involved an applicant seeking access to condominium corporation records, raising issues related to record adequacy, refusals, excessive fees, and governance.
The corporation participated in mediation but did not engage in the subsequent hearing, and the Tribunal addressed various issues raised by the Applicant.
The Tribunal ruled in favor of the Applicant on some matters, including ordering the provision of certain records and explanations for redactions.
The Tribunal emphasized the need to distinguish between record requests and governance issues, encouraging the Applicant to reconsider future applications.
No costs were awarded to the Applicant in this case.

Recommendations: 

Recommendations:

Condominium corporations should ensure they comply with the requirements of the Condominium Act when providing records to owners.
Clear explanations for redactions and reconciliations of costs should be provided to requestors as required by regulations.
Parties involved in such disputes should consider seeking alternative means of resolving governance and record-related issues to minimize costs and repetitive proceedings.

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