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Choose your role:
Jackson v. Simcoe Condominium Corporation No. 69 - 2023 ONCAT 203 - 2023-12-28
Corporation:
JSCC 69
Date:
Thu Dec 28 2023 00:00:00 GMT+0000 (Coordinated Universal Time)
Summary:
The case of Jackson v. Simcoe Condominium Corporation No. 69 involved a dispute over access to various records requested by the applicant who was the owner of a unit within the condominium corporation. The applicant sought records related to incidents and communications between parties, alleging refusal and delays in providing the requested documents. The tribunal, presided over by Marisa Victor, assessed the legitimacy of the requests, considering factors such as the purpose of the application, exemptions under the Condominium Act, 1998, and the reasonableness of the respondent's actions. Ultimately, the tribunal ruled in favor of the applicant on some counts, ordering the provision of certain records, imposing a penalty for failure to provide specific documents, and awarding costs to the applicant.
Under:
CAT Decisions - Decision
Access to Records
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties
Records Retention
Verdict:
The tribunal ordered the respondent to provide certain records, pay a penalty for failing to provide specific documents, and awarded costs to the applicant. The case highlights the importance of transparency and compliance with legal obligations regarding record access in condominium disputes. It also emphasizes the need for clear communication, proper documentation, and adherence to legal procedures to avoid penalties and costs.
Takeaways:
Proper Purpose: The tribunal assessed whether the applicant's request for records was made for a legitimate purpose or as part of a "fishing expedition" to support other legal actions.
Exemptions: Certain records may be exempt from disclosure under the Condominium Act, particularly those related to actual or contemplated litigation.
Reasonable Excuse: The tribunal considered whether delays or refusals to provide records were justified by reasonable excuses, such as changes in management or confusion.
Penalties: Failure to provide records without a reasonable excuse may result in penalties, though the amount can vary based on the circumstances of the case.
Costs: The tribunal may order one party to pay the reasonable expenses of the other party related to the proceedings, depending on factors such as behavior, conduct, and success in the case.
Recommendations:
Condominium corporations should ensure they have clear processes in place for handling record requests and should promptly comply with legal obligations regarding record access. Parties involved in disputes should act in good faith, provide relevant evidence, and engage in constructive communication to resolve issues efficiently and effectively.