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Gagnon v. Carleton Condominium Corporation No. 331 - 2023 ONCAT 13 - 2023-01-23

Corporation:

GCCC 331

Date:

2023-01-23

Under:

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

Summary:

The case of Gagnon v Carleton Condominium Corporation No 331 dealt with the applicant's claim that the corporation failed to provide requested records and keep adequate records as required by the Condominium Act 1998. The applicant requested electronic copies of meeting minutes and other documents, some of which were not provided by the corporation. The tribunal found that the corporation did refuse to provide certain records without a reasonable excuse and ordered them to pay a penalty of $750. The case highlighted issues revolving around the trust and frustration between the parties, indicating a broader conflict beyond the scope of the hearing.

Verdict:

the quick verdict of the case Gagnon v Carleton Condominium Corporation No 331 is that Carleton Condominium Corporation No 331 failed to provide the requested records to the owner, dith Gagnon, without a reasonable excuse, and is ordered to pay a penalty of $750.

Takeaways:

Takeaways:

Condominium corporations should fulfill their obligation to provide requested records to unit owners as required by the Condominium Act.
Failure to provide adequate records and explanations for redactions can lead to penalties for the corporation.
Mistrust and frustration between parties can impact the resolution of condominium disputes and should be addressed separately from the immediate issues at hand.
Parties should agree on the language of the hearing and ensure clear communication to avoid any misunderstandings.
Mediation can be a useful stage in the dispute resolution process to address outstanding issues and establish common ground.

Recommendations: 

Recommendations:

Condominium corporations should ensure compliance with the Condominium Act by providing requested records to unit owners in a timely manner, as required by law.
Condominium corporations should keep adequate records as mandated by the Condominium Act to avoid penalties and disputes with unit owners.
Clear communication and transparency between the condominium corporation and unit owners can help prevent misunderstandings and resolve issues related to record requests more effectively.

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