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Chai v. Toronto Standard Condominium Corporation No. 2431 - 2021 ONCAT 116 - 2021-12-03

Corporation:

CTSCC 2431

Date:

2021-12-03

Under:

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

Summary:

In the case of Chai v Toronto Standard Condominium Corporation No 2431, the applicant made two requests for records from the condominium corporation. The requests included board meeting minutes from specific time periods. The respondent, Toronto Standard Condominium Corporation No 2431, provided some records but the applicant believed that some were missing and others were not provided according to the requirements of the Condominium Act and Ontario Regulation. The tribunal found that the applicant was entitled to the requested records, but noted an excessive amount of redacted information in a specific set of minutes. The tribunal ordered the respondent to provide a revised version of those minutes and to pay costs to the applicant. It was determined that there was no sufficient evidence to establish the existence of missing in-camera minutes for certain board meetings.

Verdict:

the quick verdict in this case of Chai v Toronto Standard Condominium Corporation No 2431 is that the applicant was entitled to the requested records but found an excessive amount of redacted information in a specific set of minutes. The tribunal ordered the respondent to provide a revised version of those minutes and to pay costs to the applicant. The key lesson from this case is the importance of ensuring compliance with the Condominium Act and regulations when providing requested records to condominium owners, and the need for accurate and complete documentation of board meeting minutes.

Takeaways:

The case involves the applicant's requests for records from the respondent, which included board meeting minutes from specific time periods.

The tribunal found that the applicant was entitled to the requested records, but an excessive amount of redacted information was present in one particular set of minutes.

The respondent was ordered by the tribunal to provide a revised version of the accused section of the August 14, 2019 minutes, and to pay costs of 200 dollars to the applicant.

The applicant claimed that some requested in-camera minutes were missing, but the tribunal found no sufficient evidence to establish the existence of missing in-camera minutes for certain board meetings.

The case provides an example of applying the regulations set forth by the Condominium Act and Ontario Regulation 4801, which outline the requirements for the provision of records to a condominium owner.

Recommendations: 

Improve record-keeping and organization: To avoid disputes over missing or inadequate records, it is recommended that Toronto Standard Condominium Corporation No 2431 implements a robust record-keeping system. This includes ensuring that all board meeting minutes, including in-camera minutes, are properly documented, approved, signed, and stored in an orderly fashion.

Review redaction practices: The excessive redaction of information in the August 14, 2019 minutes raised concerns in this case. It is recommended that TSCC 2431 reviews its redaction practices to ensure compliance with the requirements of the Condominium Act 1998 and regulations. It should provide redacted versions of records that appropriately protect sensitive information while still ensuring transparency and access to information for unit owners.

Enhance communication and transparency: To prevent future disputes and promote trust, TSCC 2431 should strive to enhance communication and transparency with unit owners. This includes clearly communicating the existence of in-camera minutes and establishing consistent practices for their identification and provision. TSCC 2431 should also consider providing regular updates and explanations to unit owners regarding record requests and any redactions made.

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