Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Choose your role:
Jasper Developments Corp. v. York Condominium Corporation No. 82 - 2022 ONCAT 32 - 2022-04-08
Corporation:
JDCYCC 82
Date:
2022-04-08
Summary:
the Applicant alleged that the Respondent, York Condominium Corporation No 82, failed to provide all the records requested in their October 13, 2021 Request for Records. The Applicant also claimed that the fees charged for the provided records were unreasonable and requested reimbursement. Additionally, they alleged that the Respondent did not keep adequate records as required by the Condominium Act 1998. The Tribunal found that the Respondent did fail to keep adequate records and refused to provide all the requested records without a reasonable excuse. The Respondent was ordered to pay a penalty, reimburse a portion of the fees, provide additional bank statements, and pay costs to the Applicant. The Applicant was not granted further compensation or costs.
Under:
CAT Decisions - Decision
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties
Verdict:
The Respondent failed to provide all requested records without a reasonable excuse, resulting in a penalty of $1500. The decision highlights the importance of complying with the Condominium Act 1998 provisions regarding access to records and the requirement to keep adequate records. It also emphasizes the need for reasonable fees when providing copies of records.
Takeaways:
Non-Compliance with Condominium Act: The decision underscores the importance of complying with the requirements of the Condominium Act 1998 regarding the provision of records. The Respondent's failure to provide all requested records without reasonable excuse and the failure to keep adequate records (as required by section 55(1) of the Act) were key issues in the case.
Reasonable Fees: The Applicant claimed that the fees charged by the Respondent for the records provided were unreasonable. The case highlights the importance of charging reasonable fees for the delivery of copies of records, especially when Respondents have made all reasonable efforts to locate them. The Tribunal awarded the Applicant a partial reimbursement of fees.
Penalty for Refusal to Provide Records: The Respondent's refusal to provide all the requested records without reasonable excuse resulted in a penalty of $1500 imposed on the Respondent. This decision affirms that penalties can be imposed when Respondents fail to comply with the Condominium Act 1998 provisions regarding access to records.
Limited Scope of Examination of Records: The Applicant requested a list of owners in arrears, yet was not entitled to receive a copy of it. The decision highlights that the right of an owner to examine or obtain copies of records does not always apply to records relating to specific units or owners.
Costs and Compensation: The Tribunal ordered the Respondent to pay $200 in costs in respect of Tribunal fees. However, no other compensation or costs were awarded in this case. The decision suggests that compensation for damages may not always be awarded in cases of inadequate records or excessive fees.
Recommendations:
Improve Record-Keeping Practices: The case highlights the importance of maintaining adequate records as required by section 55(1) of the Condominium Act 1998. It is recommended that the Respondent, York Condominium Corporation No 82, review and improve its record-keeping practices to ensure compliance with the Act. This may include implementing standardized procedures for record storage, retrieval, and record retention.
Ensure Reasonable Fees for Record Copies: The case also brings attention to the issue of reasonable fees charged for providing copies of records. It is advisable for condominium corporations, such as York Condominium Corporation No 82, to establish clear guidelines and fee structures for record requests to ensure that fees charged are reasonable and in line with the Condominium Act 1998. This can help avoid disputes and potential penalties.
Familiarize with Privacy Regulations: The decision references the Personal Information Protection and Electronic Documents Act (PIPEDA) in relation to the confidentiality of personal information on the arrears list. It is recommended that condominium corporations familiarize themselves with privacy regulations, such as PIPEDA, to ensure compliance when handling and disclosing personal information. This includes understanding when personal information may be exempt from disclosure and implementing appropriate safeguards to protect privacy.