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Jackson v. Simcoe Condominium Corporation No. 69

Corporation:

Date:

2025-04-17

Summary:

The applicant, Mr. Law, sought access to certain records held by the respondent condominium corporation, including legal invoices. The Condominium Authority Tribunal of Ontario ruled that the corporation failed to comply with record-keeping obligations, but the request for legal invoices was denied.

Under:

Records

Verdict:

The tribunal ruled that the condominium corporation failed to comply with its record-keeping obligations, ordering it to provide certain records to Mr. Law. However, the tribunal also affirmed that legal invoices are excepted from the list of records that an owner may access. The decision underscores the importance of compliance with statutory obligations and the limitations on an owner's right to access certain records.

Takeaways:

- Condominium corporations must adhere to record-keeping obligations as per the Condominium Act.
- Legal invoices fall within the exceptions to a unit owner's right to access records.
- Failure of a corporation to comply with the Condominium Act can result in penalties.

Recommendations: 

- Condominium boards or managers should ensure they are fully aware of and compliant with their record-keeping obligations under the Condominium Act.
- Boards should understand the exceptions to an owner's right to access records to avoid any potential disputes or litigation.
- Boards should review their processes for record-keeping and ensure they have the ability to provide records in a timely manner when required to do so.

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