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Emerald PG Holdings Ltd. v Toronto Standard Condominium Corporation No. 2519 - 2020 ONCAT 24 - 2020-07-03
Corporation:
EPHLTSCC 2519
Date:
2020-07-03
Summary:
the case "Emerald PG Holdings Ltd v Toronto Standard Condominium Corporation No 2519" involves a dispute between the applicant and the respondent, Toronto Standard Condominium Corporation No 2519. The applicant submitted three requests for records to the respondent, but none of the requested records were provided within the required timelines. The requests included settlement decisions, consent agreements, ledger entries, and the record of owners and mortgagees. The respondent denied entitlement to some of the records based on confidentiality clauses or exemptions under the Condominium Act. The applicant sought costs and penalties, while the respondent sought legal fees. The adjudicator, Patricia McQuaid, ruled that the applicant was entitled to some of the requested records, required payment for the preparation and photocopying of the records, imposed a penalty and awarded costs against the respondent.
Under:
CAT Decisions - Decision
Access to Records
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties
Verdict:
the quick verdict in this case "Emerald PG Holdings Ltd v Toronto Standard Condominium Corporation No 2519" is that the applicant was entitled to receive certain requested records, including a settlement decision and general ledger entries. The respondent failed to provide the records within the required timelines, resulting in a penalty and costs being awarded against them. This case highlights the importance of timely provision of records and the entitlement of parties to access relevant documents in condominium disputes.
Takeaways:
Request for Records: The applicant submitted three records requests to the respondent, Toronto Standard Condominium Corporation No 2519, but the respondent failed to provide the requested records within the required timelines.
Entitlement to Records: The applicant sought entitlement to various records, including settlement decisions and ledger entries. The adjudicator ruled that the applicant was entitled to the settlement decision and general ledger entries.
Fees, Penalties, and Costs: The applicant requested costs and penalties, while the respondent sought legal fees. The adjudicator awarded the applicant a penalty of $1000, costs of $200 payable by the respondent, and set a maximum fee of $2112 for the preparation and photocopying of the general ledger entries.
Recommendations:
Adherence to Record Request Timelines: It is important for the respondent, Toronto Standard Condominium Corporation No 2519, to ensure timely response and provision of requested records within the timelines set out in Ontario Regulation 4801. Failure to do so can result in penalties and costs being awarded against them. Therefore, it is recommended that the respondent closely monitors and adheres to the timelines for responding to record requests.
Review and Update Condominium Management Practices: The case highlighted concerns regarding the diligence and attention to detail of the condominium management provider, Canlight Management Inc. It is recommended that the respondent, Toronto Standard Condominium Corporation No 2519, assesses the performance of their management provider and takes appropriate steps to address any shortcomings, including improving communication, responsiveness, and record-keeping practices.
Clear and Transparent Communication: Both parties in the case mentioned feeling harassed or inundated by emails and records requests. To avoid potential disputes and foster a more productive relationship, it is recommended that clear and transparent communication channels be established between the condominium corporation, management provider, and unit owners. This can help manage expectations, reduce misunderstandings, and promote a more efficient resolution of any issues that arise.