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Emerald PG Holdings Ltd. v. Toronto Standard Condominium Corporation No. 2519 - 2022 ONCAT 89 - 2022-08-23

Corporation:

EPHLTSCC 2519

Date:

2022-08-23

Under:

CAT Decisions - Decision
Access to Records
Adequacy of Records

Summary:

The case of Emerald PG Holdings Ltd v Toronto Standard Condominium Corporation No. 2519 is a decision made by the Condominium Authority Tribunal (CAT) on August 23, 2022. This case involved a dispute regarding access to records and the adequacy of records provided by the condominium corporation. The parties agreed to conduct the case through a Mediation-Adjudication (MedAdj) process, and some issues were resolved during mediation. The remaining issues were adjudicated by the CAT.

Verdict:

Verdict:
In the case of Emerald PG Holdings Ltd v Toronto Standard Condominium Corporation No. 2519, the Condominium Authority Tribunal (CAT) decided that the Respondent had complied with their responsibilities to maintain and provide access to records. The CAT also addressed several issues related to the Response to Records form, the availability of draft audit reports, the provision of counter-signed versions of contracts, the status of emails as records, and the determination of the hourly rate for producing non-core records.

Lesson Learned:
From this case, it is evident that it is crucial for condominium corporations to properly handle records and ensure compliance with the Condominium Act and related regulations. The Respondent in this case successfully demonstrated their compliance with record-keeping obligations. However, it also highlights the importance of clarity and thoroughness in the Response to Records form and proper communication with former management providers.

Takeaways:

The CAT confirmed that the respondent, Toronto Standard Condominium Corporation No. 2519, complied with their responsibilities to maintain and provide access to records.
The issue of how the Response to Records form should identify circumstances where the respondent does not have records that may have been maintained by a former management provider was discussed. The applicant argued that the response form should affirm the applicant's entitlement to examine the records and provide instructions on how to request the records from the former management provider.
The CAT also considered other issues such as whether a draft audit report is considered a record of the corporation, the request for counter-signed versions of contracts, the status of emails as records of the corporation, and the determination of the hourly rate for the production of non-core records.

Recommendations: 

Recommendations:

Ensure clear and accurate completion of the Response to Records form: Condominium corporations should carefully review the prescribed form and accurately indicate the availability or unavailability of records. Clear instructions can be provided to the requester regarding how to obtain records from a former management provider if necessary.
Maintain effective communication with former management providers: When records are not available in the current management's possession but may be maintained by a former management provider, it is advisable to establish a protocol to request those records. This protocol may involve confirming the existence of records, obtaining copies, and addressing any associated fees or conditions.
Regularly review and update record-keeping practices: Condominium corporations should periodically review their record-keeping practices to ensure compliance with the Condominium Act and any relevant regulations. Keeping records well-organized, easily accessible, and properly maintained will facilitate future requests and potential legal disputes.

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