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Emerald PG Holdings Ltd. v. Toronto Standard Condominium Corporation No. 2519 - 2022 ONCAT 15 - 2022-02-23

Corporation:

EPHLTSCC 2519

Date:

2022-02-23

Under:

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

Summary:

In this case, Emerald PG Holdings Ltd, the applicant brought an application to the Condominium Authority Tribunal against Toronto Standard Condominium Corporation No 2519, the respondent, regarding a request for records made under the Condominium Act 1998. The parties had a history of disputes and antagonism. The Tribunal found that the applicant was entitled to the requested records, and the respondent had no valid reason for refusing to provide some of the records. The Tribunal determined that the respondent's fees for the records were not unreasonable and that redaction of the records should be minimal, following the exemptions to disclosure within the Act. As a penalty for the respondent's refusal to provide records without a valid excuse, a penalty of $2,000 was awarded. The Tribunal did not award costs to either party.

Verdict:

The key takeaway from the case "Emerald PG Holdings Ltd v Toronto Standard Condominium Corporation" is that parties should govern themselves appropriately to avoid any antagonistic history. It is critical to follow obligations related to record disclosure, as non-compliance can lead to severe penalties. In this case, a penalty of $2,000 was awarded against the respondent for unreasonably refusing to provide requested records, and no party was awarded costs.

Takeaways:

Antagonistic History: The parties in this case had a lengthy antagonistic history, having been before the Tribunal multiple times in recent years. The Tribunal noted that this behavior could have been avoided if the parties had governed themselves in a more appropriate manner, leading to a more effective and enjoyable condominium community.

Entitlement to Records: The Tribunal found that the applicant was entitled to all the requested records and that the respondent, Toronto Standard Condominium Corporation No 2519, had no reasonable excuse for refusing to provide some records. This highlights the importance of complying with record requests under the Condominium Act 1998 and fulfilling obligations related to record disclosure.

Penalties and Costs: A penalty of $2,000 was awarded against the respondent for unreasonably refusing to provide records without a valid excuse. However, the Tribunal did not award costs to either party. This outcome emphasizes the potential consequences of unreasonable refusal to provide records and highlights the importance of timely and compliant responses to record requests.

Recommendations: 

Foster Cooperative Communication: It is crucial for parties involved in condominium disputes to foster cooperative communication and avoid antagonistic behavior. Parties should make efforts to engage more amicably and work towards resolving issues without resorting to legal proceedings. Encouraging respectful and constructive dialogue can help maintain a positive and enjoyable condominium community.

Comply with Record Obligations: Parties should fully understand and comply with their obligations related to record disclosure under the Condominium Act 1998. This includes promptly providing requested records and not unreasonably refusing to disclose them. Adhering to these obligations can help prevent legal disputes and penalties.

Seek Mediation or Settlement: In this case, it was noted that a settlement between the parties could have been possible if the main instigator of the proceedings had not engaged in aggressive behavior. Parties involved in condominium disputes should consider exploring mediation or settlement options before engaging in formal legal proceedings. By seeking alternative dispute resolution methods, such as mediation, parties can potentially save time, costs, and maintain a more harmonious community.

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