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Choose your role:
Gary Nakashima v Metropolitan Toronto Condominium Corporation No. 818 - 2020 ONCAT 17 - 2020-05-25
Corporation:
GNMTCC 818
Date:
2020-05-25
Summary:
The case, "Gary Nakashima v Metropolitan Toronto Condominium Corporation No 818" was processed by the Condominium Authority Tribunal. The applicant requested records from MTCC 818 but did not receive a response within the mandated thirty days. In response, the applicant filed an application with the tribunal. The tribunal found that the applicant was entitled to the requested records and ordered the respondent, MTCC 818, to pay a penalty of $750 for refusing to provide the records without a reasonable excuse. Additionally, the tribunal awarded costs of $200 to the applicant to cover filing fees. The respondent claimed that staffing shortages and communication issues caused the delays in providing the records. However, the tribunal ruled that no fees should be charged for providing copies of core records requested in electronic format.
Under:
CAT Decisions - Decision
Access to Records
Fees, Costs, Penalties
Verdict:
The verdict from the case of Gary Nakashima v Metropolitan Toronto Condominium Corporation No 818 is that the applicant is entitled to the records requested and MTCC 818 is ordered to pay a penalty of $750 for their refusal to provide the records without a reasonable excuse. The tribunal also awarded costs of $200 to Gary Nakashima. The lesson in this case is that condo corporations have a responsibility to respond to records requests on time and failure to do so can result in penalties.
Takeaways:
The case is titled "Gary Nakashima v Metropolitan Toronto Condominium Corporation No 818 - Condominium Authority of Ontario." It involves a dispute between the applicant, the applicant who is a unit owner, and Metropolitan Toronto Condominium Corporation No 818 (MTCC 818), the respondent.
The applicant submitted a Request for Records to MTCC 818 under section 55 of the Condominium Act 1998, requesting periodic information certificates from July 23, 2018, to July 23, 2019, and board meeting minutes for the same time frame. However, MTCC 818 failed to respond to the request within the required time frame of 30 days.
As a result, the applicant filed an application with the Condominium Authority Tribunal. The tribunal found that the applicant was entitled to the records requested and ordered MTCC 818 to pay a penalty of $750 for refusing to provide the records without a reasonable excuse. The tribunal also awarded costs of $200 to the applicant.
Recommendations:
Improve Record Request Process: The case highlights the importance of an efficient and timely record request process. Condominium authorities and corporations should establish clear guidelines and procedures for handling record requests, ensuring that they are acknowledged and responded to within the mandated time frame. Implementing automated systems or dedicated personnel can help streamline the process and avoid delays.
Enhance Communication: In this case, there was a communication breakdown between the applicant and the respondent. To prevent such situations, it is recommended that condominium corporations provide clear channels of communication for record requests and promptly inform board members about any incoming requests. Improved communication can help address any misunderstandings and ensure that all parties are aware of their obligations and responsibilities.
Provide Clarity on Fees: It was mentioned in the case that there was confusion regarding fees for providing requested records. Condominium corporations should establish a transparent fee structure for record requests, clearly indicating any charges and the payment options available. Ensuring that unit owners understand the fee requirements upfront can help avoid disputes and delays in providing the requested records.