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Hawryliw v. Toronto Standard Condominium Corporation No. 2309 - 2021 ONCAT 22 - 2021-03-12

Corporation:

HTSCC 2309

Date:

2021-03-12

Under:

CAT Decisions - Motion Order
Entitlement to Records
Fees, Costs, Penalties

Summary:

In the case of Hawryliw v Toronto Standard Condominium Corporation No 2309, the applicant brought a motion to reopen the case after Toronto Standard Condominium Corporation No 2309 (TSCC 2309) requested that the original order be vacated and the case dismissed. TSCC 2309 argued that the applicant did not properly notify the condominium corporation of the case and that his entitlement to the requested records ceased when he sold his unit. The Tribunal granted TSCC 2309's request to reopen the case and dismissed the case, as it found that the applicant's standing to pursue the application and his entitlement to the records ceased when he sold his unit. The Tribunal also vacated the order for penalty and costs awarded to the applicant.

Verdict:

The quick verdict of the case is that the Tribunal granted a motion to reopen the case and ultimately dismissed the application. The applicant's entitlement to requested records and his standing to pursue the application ended when he sold his unit. The previous orders for penalty and costs awarded to the applicant were vacated by the Tribunal. The lesson to take away from this case is that notifying the Tribunal of any changes to the ownership status is important, and one's entitlement to condominium records under the Condominium Act ceases upon the sale of the unit.

Takeaways:

Motion to Reopen: Toronto Standard Condominium Corporation No 2309 (TSCC 2309) brought a motion to reopen the case, alleging that the applicant did not properly notify the corporation and that his entitlement to requested records ceased when he sold his unit.

Application Dismissed: The Tribunal granted TSCC 2309's request to reopen the case and ultimately dismissed the application. The Tribunal found that the applicant's standing to pursue the application and his entitlement to the records ended when he sold his unit.

Vacated Orders: The Tribunal vacated the previous order for penalty and costs awarded to the applicant. Since he no longer had standing to pursue the application and was not entitled to the records, the Tribunal determined that there was no basis for applying a penalty or awarding costs.

Recommendations: 

Ensure Proper Notice Delivery: It is important for parties involved in a case to properly deliver notice to all relevant parties, including the corporation. This helps avoid disputes and complications during the proceedings. Parties should familiarize themselves with the rules and regulations regarding notice delivery and promptly notify the tribunal of any changes in ownership status.

Keep the Tribunal Informed of Changes: If there are any changes in ownership status or other relevant information during the course of the proceedings, it is crucial to inform the tribunal. This includes notifying the tribunal if a party sells their unit or if there are any other changes that may impact the case. Keeping the tribunal informed helps maintain transparency and ensures fair and accurate decision-making.

Understand Entitlement to Records: Parties should have a clear understanding of their entitlement to condominium records under the Condominium Act. In this case, the Tribunal determined that the applicant's entitlement to examine or obtain records ceased when he sold his unit. It is important for parties to be aware of their rights and limitations regarding access to records and to seek legal advice if necessary.

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