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Florentine Financial Corporation v. Peel Condominium Corporation No. 346 - 2021 ONCAT 77 - 2021-08-13

Corporation:

FFCPCC 346

Date:

2021-08-13

Under:

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

Summary:

In the case of Florentine Financial Corporation v Peel Condominium Corporation No 346, the applicant requested several records from Peel Condominium Corporation No 346. Peel Condominium Corporation No 346 refused to provide the records, citing an exemption under section 554b of the Condominium Act 1998, relating to ongoing litigation between the two parties. The Condominium Authority Tribunal (CAT) conducted a hearing to determine various issues, including the entitlement to the requested records, the permissibility of redactions, the labor fee for redaction, and the penalty for refusing to provide the records. Throughout the hearing, both parties engaged in excessive submissions and evidence related to their ongoing legal dispute at the Superior Court of Justice. The CAT ultimately provided a detailed analysis of the relevant issues and made decisions regarding the records dispute.

Verdict:

The tribunal analyzed a dispute regarding the entitlement to requested records from Peel Condominium Corporation No 346. It was determined that the records related to ongoing litigation between the parties and were exempt from examination. The tribunal also addressed issues related to redaction of records, labor fees for redaction, and penalties for refusing to provide records. The excessive submissions and animosity between the parties complicated the proceeding, highlighting the importance of focusing on relevant issues and maintaining professionalism in legal disputes.

Takeaways:

Records Dispute: Florentine Financial Corporation requested certain records from Peel Condominium Corporation No 346, but the latter refused to provide them, citing an exemption under the Condominium Act 1998 related to ongoing litigation between the two parties. The dispute centered on the entitlement to the requested records and the permissibility of redactions.

Excessive Submissions: Throughout the hearing, both parties engaged in excessive submissions and evidence, including matters related to their ongoing legal dispute at the Superior Court of Justice. This led to a lengthy and complicated proceeding, with significant animosity between the parties.

Issues Addressed: The Condominium Authority Tribunal (CAT) analyzed various issues, including the entitlement to requested records, the permissibility of redactions, the labor fee for redaction, and the penalty for refusing to provide records. The CAT made decisions on these issues, providing a detailed analysis.

Recommendations: 

Focus on Relevant Issues: In legal disputes, it is important to focus on the relevant issues at hand. In this case, there was animosity between the parties, and both parties engaged in excessive submissions and evidence, including matters related to their ongoing legal dispute at the Superior Court of Justice. To avoid lengthening and complicating the proceeding, parties should focus on the relevant records dispute and refrain from introducing irrelevant matters.

Professionalism in Legal Disputes: Legal disputes can be emotionally charged, but parties should maintain professionalism throughout the process. In this case, there were allegations of improper, unfair, dismissive, and illegal behaviors made by both parties. These issues were outside the scope of the Tribunal, and parties should avoid making unsupported accusations or derogatory remarks that could inflame the situation.

Comply with Legal Requirements: To avoid the invalidation of the records requests on technicalities, it is important to comply with the legal requirements set out in the Condominium Act 1998 and its regulations. In this case, the Respondent argued that the records request submitted by the Applicant was not valid because it was not delivered in accordance with s1334 of O Reg 4801 of the Act. Parties should be aware of the legal requirements and ensure compliance to avoid unnecessary complications and delays.

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