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Jack Gale v Halton Condominium Corporation No. 61 - 2019 ONCAT 46 - 2019-11-08
Corporation:
JGHCC 61
Date:
2019-11-08
Summary:
The case of Jack Gale v Halton Condominium Corporation No 61 involves a dispute over an owner's request for copies of all legal bills from January 2018 to February 2019 that reference his unit. The condominium corporation argued that the records were covered by common law privilege, exempt under subsection 554 of the Condominium Act 1998 and Ontario Regulation 4801 to the Act, and that the request was precluded under subparagraph 133(1)(a) of the Regulation. However, the tribunal found that the owner was entitled to the records, subject to certain redactions, and that the corporation could charge a reasonable amount for producing them. No order of costs was made, and no penalty was imposed on the corporation for its refusal to provide the records, as its defense was deemed reasonable.
Under:
CAT Decisions - Decision
Entitlement to Records
Fees, Costs, Penalties
Verdict:
Unit owners have the right to access certain records under the Condominium Act, subject to redactions allowed by the condominium corporation. The case of Jack Gale v Halton Condominium Corporation No 61 serves as a reminder of the importance of transparency and cooperation between condominium corporations and unit owners and shows the potential for conflicts and disputes between the two parties regarding record requests.
Takeaways:
Mr. Jack Gale is entitled to receive copies of all legal bills from January 2018 to February 2019 that reference his condominium unit, subject to some redactions allowed by the condominium corporation.
The tribunal ruled that the records being requested are not covered by common law rules of privilege, and are not exempt from the Condominium Act 1998 and Ontario Regulation 4801, which means that Halton Condominium Corporation No 61 was obligated to provide Jack Gale with these records.
Halton Condominium Corporation No 61 was allowed to charge a reasonable amount for producing the requested records, but both parties were not entitled to remedies beyond the Tribunal's jurisdiction, and no order of costs was made.
The case highlights the importance of transparency and cooperation between condominium corporations and unit owners, and serves as a reminder that unit owners are entitled to access to certain records under the Condominium Act.
It also shows the potential for conflicts and disputes between unit owners and condominium corporations regarding record requests and the handling of common expenses.
Recommendations:
Condominium corporations should ensure they understand their obligations under the Condominium Act 1998 and Ontario Regulation 4801 regarding record requests from unit owners. It's important for corporations to respond in a timely manner and provide all requested documents, subject to redactions as needed.
Unit owners should remain aware of their rights under the Condominium Act and should request records from their condominium corporation when needed. However, it's recommended that unit owners should avoid excessive requests and should only request documents that are necessary.
Both parties should maintain a respectful and professional relationship in order to avoid conflicts and disputes from escalating. It's recommended that corporations and unit owners work together to find solutions for disputes that arise, and should consider alternative dispute resolution methods, such as mediation or arbitration, if necessary.