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HiLevel International Corp. v Toronto Standard Condominium Corporation No. 1858 - 2019 ONCAT 40 - 2019-10-04
Corporation:
HICTSCC 1858
Date:
2019-10-04
Summary:
In the case of HiLevel International Corp v Toronto Standard Condominium Corporation No 1858, the applicant requested electronic copies of various records, including minutes of board meetings, from the respondent. While some of the requested minutes were provided, others were not initially provided due to an administrative oversight. The issue before the Condominium Authority Tribunal was whether the respondent had provided all the requested minutes in accordance with the requirements set out in the Condominium Act 1998 and Ontario Regulation 4801. The tribunal found that the respondent did not fully comply with the regulated requirements and did not provide all the requested records within the specified time frame. Consequently, the tribunal awarded the applicant costs of $210.
Under:
CAT Decisions - Decision
Access to Records
Fees, Costs, Penalties
Verdict:
The quick verdict from the case of HiLevel International Corp v Toronto Standard Condominium Corporation No 1858 is that the Condominium Authority Tribunal found the respondent didn't comply with the regulated procedures for providing electronic copies of records requested by the applicant. As a result, the applicant was awarded $210 in costs. The case highlights the importance of complying with the Condominium Act 1998 and Ontario Regulation 4801 on providing records to requesters and the potential consequences of non-compliance.
Takeaways:
Condominium corporations should ensure they respond to requests for records within the specified time limits and in accordance with the Condominium Act 1998 and Ontario Regulation 4801. Failure to do so may result in the corporation being liable for costs and penalties.
Requesters of records should be aware of their right to obtain copies of records under the Condominium Act. Individuals who feel their rights have been violated should file a complaint with the Condominium Authority Tribunal.
The Condominium Authority Tribunal is an efficient and cost-effective way to handle disputes that arise between condominium corporations and unit owners. Parties involved in a dispute should work together to resolve the conflict and avoid unnecessary costs. It's recommended to follow alternative dispute resolution methods such as mediation, if necessary.
Recommendations:
Condominium corporations must ensure they comply with the Condominium Act 1998 and Ontario Regulation 4801 which set out guidelines for providing records to requesters. Corporations should ensure that they respond to requests for records within the specified time limits and provide complete records as requested.
Unit owners should familiarize themselves with their rights as outlined in the Condominium Act 1998, in particular, their right to obtain copies of certain records kept by the condo corporation. If a unit owner feels their rights have been ignored or they have been denied requested records, they can file a complaint with the Condominium Authority Tribunal.
Communication is key: parties involved in a dispute should work towards resolving conflicts amicably and seek alternative dispute resolution methods such as mediation where possible. It's a cost-effective and efficient way to resolve conflicts without resorting to litigation. Condominium corporations should consider providing more information to unit owners in order to prevent disputes from arising in the first place.