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Choose your role:
He v. Metropolitan Toronto Condominium Corporation No. 952 - 2023 ONCAT 196 - 2023-12-14
Corporation:
HMTCC 952
Date:
Thu Dec 14 2023 00:00:00 GMT+0000 (Coordinated Universal Time)
Summary:
The case "He v Metropolitan Toronto Condominium Corporation No 952" involves a dispute over access to corporate records in a condominium corporation. The applicant claimed that there was an ongoing issue with access to records, entitlement to records, adequacy of records, and retention of records. The respondent, Metropolitan Toronto Condominium Corporation No 952, argued that it had already provided most of the requested documents and that any remaining records did not exist. The Tribunal analyzed the issues and found that while some of the applicant's concerns were valid, the overall purpose of her request for records was not solely related to her interests as an owner, but rather because of her defamation claim against the respondent. Consequently, the applicant's case was dismissed.
Under:
CAT Decisions - Decision
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties
Records Retention
Verdict:
The case highlights the importance of maintaining transparency in condominium corporations and ensuring that record requests are made in good faith solely for the requester's interests as an owner. External factors, such as ongoing litigation, should not influence the purpose of record requests.
Takeaways:
- It is essential for condominium corporations to ensure proper access to corporate records for owners while balancing the legitimacy of the requests.
- The purpose of requesting records should solely be related to the requesting party's interests as an owner and not motivated by external factors like ongoing litigation.
- Condominium corporations should have clear policies and procedures in place for handling record requests to ensure transparency and efficiency.
- Parties involved in disputes regarding access to records should be prepared to provide evidence and justification for their requests.
Recommendations:
- Condominium corporations should establish clear guidelines regarding access to records, outlining the criteria for legitimate requests and the procedures for handling them.
- Owners seeking access to records should ensure their requests are solely related to their interests as an owner, providing proper justification if required.
- It is advisable for condominium corporations to maintain organized and up-to-date record-keeping systems to facilitate efficient retrieval and response to record requests.