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Hawryliw v. Toronto Standard Condominium Corporation No. 2309 - 2021 ONCAT 12 - 2021-02-12

Corporation:

HTSCC 2309

Date:

2021-02-12

Under:

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

Summary:

In the case of Hawryliw v. Toronto Standard Condominium Corporation No. 2309, the Condominium Authority Tribunal (CAT) ruled in favor of the applicant. He had requested two records: the most recent Periodic Information Certificate (PIC) and security footage stills of himself in a condominium hallway. The CAT found that Mr. Hawryliw was entitled to the PIC, as it was a core record, and to the security footage stills, as it related to his interest as a unit owner and no statutory prohibitions restricted his access. The CAT ordered the condominium corporation to provide these records within specific timeframes. Additionally, the corporation was directed to pay a penalty of $500 to the applicant for refusing to provide the records without a reasonable excuse and reimburse his $200 Tribunal filing fees.

Verdict:

In the case of Hawryliw v. Toronto Standard Condominium Corporation No. 2309, the Condominium Authority Tribunal (CAT) ruled that the unit owner was entitled to the requested records, including the Periodic Information Certificate (PIC) and security footage stills, as per the Condominium Act, 1998. Toronto Standard Condominium Corporation No. 2309 was ordered to pay a penalty of $500 for refusing to provide these records without a reasonable excuse, and they were also instructed to reimburse the unit owner's Tribunal filing fees. The case underscores the importance of timely responses to records requests and the obligations of condominium corporations under the law.

Takeaways:

Entitlement to Records: The Condominium Authority Tribunal (CAT) ruled that a unit owner was entitled to certain records requested under the Condominium Act, 1998. Specifically, he was entitled to the most recent Periodic Information Certificate (PIC) as it is considered a core record.

Security Footage Access: The unit owner request for security footage stills of himself was also deemed valid, given that it related to his interest as a unit owner. The absence of statutory prohibitions and specific references in the Act didn't disqualify him from obtaining these records.

Penalty for Refusal: CAT determined that Toronto Standard Condominium Corporation No. 2309 (TSCC 2309) was obligated to pay a penalty for refusing the records without reasonable excuse. The penalty amount was set at $500.

Reimbursement of Fees: TSCC 2309 was ordered to reimburse Mr. Hawryliw's Tribunal filing fees, totaling $200, considering that he had been partially successful in the case.

Timely Request: The case highlights the importance of making timely requests for records, as records may not be available if requested long after the events in question.

Recommendations: 

Compliance with the Condominium Act, 1998: Condominium corporations should ensure they comply with the Condominium Act, 1998, including timely responses to records requests from unit owners. Failure to do so may result in penalties and costs, as demonstrated in this case.

Transparency and Communication: Condominium corporations should maintain clear and transparent communication with unit owners regarding their rights to access records. Establishing and following formal procedures for responding to records requests, as mandated by the Act, can help prevent disputes and legal actions.

Consideration of Penalties: When determining penalties for non-compliance with records requests, condominium authorities and tribunals should consider the nature of the records requested, the conduct of the condominium corporation, and the specific circumstances of each case to ensure that penalties are fair and proportional to the violation. In cases where records are statutorily mandated and have a clear entitlement, more severe penalties may be warranted.

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