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Charles Senchire v Metropolitan Toronto Condominium Corporation No.856 - 2019 ONCAT 32 - 2019-08-29

Corporation:

CSMTCC 856

Date:

2019-08-29

Under:

CAT Decisions - Dismissal Order
Entitlement to Records

Summary:

In the case of Charles Senchire v Metropolitan Toronto Condominium Corporation No.856, the Condominium Authority Tribunal issued a Dismissal Order. The applicant had applied to obtain electronic copies of condominium records but had sold his unit during the proceedings. The issue at hand was whether the applicant was entitled to obtain these records after the sale of his unit. The Tribunal, following the Condominium Act, ruled that a person must be an owner at the time they examine or receive copies of requested records. Since the applicant was no longer an owner, he lost his entitlement to the records, and his application was dismissed.

Verdict:

In this case, the applicant who initially sought access to certain condominium records, lost his entitlement after selling his unit, as the right to examine or obtain copies of such records depends on being an owner at the time of examination. The decision underscores the importance of one's ownership status when requesting access to condominium records under the Condominium Act, 1998, and how changes in status can impact one's entitlement. The case also emphasizes the Tribunal's role in making decisions based on the law and regulations, rather than considering broader interests or hypothetical situations. Furthermore, it highlights that legal costs were not awarded in this instance.




Takeaways:

Entitlement to Records Dependent on Ownership: The case emphasizes that the entitlement to examine or obtain copies of condominium records under the Condominium Act, 1998 is contingent on the individual's status as an owner, purchaser, or mortgagee of a unit at the time they wish to access the records.

Status Change Matters: A change in the applicant's status, such as selling their unit during the proceedings, can affect their right to access records. In this case, the applicant lost his entitlement when he sold his unit.

Tribunal's Scope: The Tribunal's role is to make decisions based on the law and regulations. Matters outside the specific issue at hand, such as hypothetical situations and broader interests, are generally not within its purview.

Precedence of Decisions: The Tribunal referenced the Nassios Decision to provide clarity on the entitlement to records after the sale of a unit, indicating that previous decisions can be influential in determining outcomes.

Legal Costs: The decision notes that no order on costs was issued, underlining that legal costs were not requested or awarded in this case.

Recommendations: 

When dealing with entitlement to condominium records, applicants should be aware that their status as an owner at the time of examination or obtaining records is crucial. Ensure ownership status is maintained throughout the process to preserve your rights under the Condominium Act, 1998.

It is advisable to familiarize oneself with relevant decisions and precedents related to condominium disputes to understand the potential impact on your case. In this instance, the Nassios Decision played a significant role in determining entitlement.

Focus on the specific issue at hand and stay within the scope of the matter to be decided. In this case, both parties brought up matters beyond the scope of the motion, but the decision was based on the narrow issue of entitlement, emphasizing the importance of keeping arguments and discussions relevant to the case.

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