top of page
White Columns
< Back

Harrison v. Toronto Standard Condominium Corporation No. 2714 - 2021 ONCAT 30 - 2021-04-13

Corporation:

HTSCC 2714

Date:

2021-04-13

Summary:

In the case of Rahman v Peel Standard Condominium Corporation No 779, the issue at hand was the adequacy of records provided by the condominium corporation in response to a records request by the applicant. The applicant argued that certain records were outdated or lacking specific requirements. However, the Condominium Authority Tribunal found that the records provided were adequate and in accordance with the Condominium Act and its regulations. The tribunal also noted that there were no grounds for a penalty or costs to be awarded to either party. The decision emphasized that the condominium corporation was not obligated to amend its declaration to explicitly include mediation/arbitration provisions.

Under:

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

Verdict:

The quick verdict from the decision on Rahman v Peel Standard Condominium Corporation No 779 is that the records provided by the corporation in response to a records request were found to be adequate and in accordance with the requirements of the Condominium Act, and there were no grounds for a penalty or costs to be awarded to either party. The lesson to take away from this case is the importance of understanding the provisions of the Condominium Act and its regulations when making a records request. Additionally, the case clarifies that certain provisions, such as mediation/arbitration, may already be implicit in a declaration and do not need to be explicitly stated.

Takeaways:

The case focused on the adequacy of records provided by the condominium corporation in response to a records request.
The tribunal found that the records provided were adequate and in accordance with the Condominium Act and its regulations.
The tribunal also emphasized that the condominium corporation was not obligated to amend its declaration to explicitly include mediation/arbitration provisions, as these provisions are already deemed to be included in every declaration by the Condominium Act.

Recommendations: 

Ensure Clarity and Accuracy in Records: Given the case's focus on the adequacy of records provided by the condominium corporation, it is crucial for condominium corporations to ensure that the records they provide in response to a records request are clear, accurate, and complete. This includes appropriately dating and signing documents, specifying the applicable condominium, and providing all relevant information required by law.

Familiarize Yourself with Condominium Act Requirements: It is important for individuals making records requests or involved in disputes to have a solid understanding of the requirements outlined in the Condominium Act. By being familiar with the Act's provisions, such as the requirements for mediation and arbitration provisions in declarations, individuals can better assess the adequacy of records and make informed claims or requests.

Seek Legal Advice and Representation if Necessary: In complex cases involving disputes or issues related to records and condominium regulations, it is recommended to seek legal advice and representation. Consulting with a lawyer who specializes in condominium law can provide valuable guidance and support, ensuring that your rights and interests are protected throughout the process.

bottom of page