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Choose your role:
Govindu v. York Condominium Corporation No. 456 - 2024 ONCAT 25 - 2024-02-15
Corporation:
GYCC 456
Date:
Thu Feb 15 2024 05:00:00 GMT+0000 (Coordinated Universal Time)
Summary:
In the case of Govindu v. York Condominium Corporation No. 456, the applicant, sought copies of emails from the condominium corporation. The corporation, YCC 456, initially struggled to provide the requested records, citing difficulties in accessing electronic files. However, it eventually disclosed some emails. The tribunal found that the applicant possessed the records he sought and had filed the application with an improper motive, leading to an order for him to pay $500 in costs to YCC 456.
Under:
CAT Decisions - Decision
Access to Records
Adequacy of Records
Fees, Costs, Penalties
Verdict:
Applicants should ensure their requests for records align with the tribunal's jurisdiction and are made for legitimate reasons to avoid unnecessary costs and disputes.
Takeaways:
The tribunal found that the corporation made reasonable efforts to retrieve the requested records despite technical challenges.
The applicant's focus on sanctioning a former manager was deemed an improper purpose for the application.
The tribunal exercised discretion in awarding partial costs to the corporation, considering the applicant's non-legal background.
Proper documentation and communication protocols can help avoid disputes over record requests.
Applicants should ensure their requests align with the tribunal's jurisdiction to avoid unnecessary costs and delays.
Recommendations:
Enhance communication protocols between condominium corporations and owners to facilitate record requests.
Provide clear guidelines on the format and procedure for record requests to avoid misunderstandings.
Implement training for condominium managers and staff on record-keeping obligations and transition protocols to ensure seamless management transitions.