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Cheung v York Condominium Corporation No. 476 - 2020 ONCAT 23 - 2020-06-25

Corporation:

CYCC 476

Date:

2020-06-25

Under:

CAT Decisions - Decision
Access to Records

Summary:

In the case of Cheung v. York Condominium Corporation No. 476, 2020 ONCAT 23, the applicant sought access to certain records from York Condominium Corporation No. 476 (YCC 476). The dispute proceeded to a Stage 3 - Adjudication hearing, where the parties resolved the issues before the formal hearing. They agreed that the applicant was entitled to the requested records, and YCC 476 could charge a reasonable fee for labor, delivery, and copying costs. A fee of $140 was settled upon. The applicant accepted that YCC 476 could not provide the requested service agreements. Upon receiving and reviewing the records, The applicant confirmed the resolution, and the case was closed. The CAT commended both parties for their open communication and mutually satisfactory resolution.

Verdict:

The case of Cheung v. York Condominium Corporation No. 476 underscores the effectiveness of open communication and dispute resolution. The parties reached an agreement regarding access to requested records and associated fees through respectful discussion, without the need for a formal hearing, thereby highlighting the importance of constructive dialogue in resolving condominium-related issues.




Takeaways:

Access to Records: The case revolved around the applicant seeking access to certain records from York Condominium Corporation No. 476 (YCC 476) under the Condominium Act.

Resolution without Formal Hearing: The parties, despite not having undergone the initial negotiation or mediation stages, engaged in respectful discussions and resolved their disputes regarding record access and associated fees.

Mutual Agreement: Both parties agreed that the applicant was entitled to the requested records, and YCC 476 could charge a reasonable fee for labor, delivery, and copying costs. A fee of $140 was mutually accepted.

Records Delivered: YCC 476 delivered the requested records, with the exception of service agreements, which they did not possess.

Effective Communication: The case highlights the importance of keeping communication open and resolving disputes in a manner that is mutually satisfactory.

Recommendations: 

Promote Open Communication: Encourage condominium owners and corporations to engage in open and respectful communication when dealing with access to records or other disputes. As seen in this case, many issues can be resolved through discussion, avoiding the need for formal hearings.

Provide Pre-Hearing Resolution Opportunities: Offer parties involved in condominium disputes the chance to resolve their issues before proceeding to formal adjudication. This can save time, resources, and foster cooperative problem-solving.

Educate on Regulations: Ensure that both condominium owners and corporations are well-informed about relevant regulations, such as the Ontario Regulation 48/01, to prevent unnecessary disputes and misunderstandings. Education can help parties understand their rights and responsibilities.




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