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Ji v. Toronto Standard Condominium Corporation No. 1611 - 2021 ONCAT 122 - 2021-12-20

Corporation:

JTSCC 1611

Date:

2021-12-20

Under:

CAT Decisions - Decision
Fees, Costs, Penalties

Summary:

In the case of Ji v. Toronto Standard Condominium Corporation No. 1611, the applicant sought noise complaint incident reports from the respondent, a condominium corporation. The respondent failed to respond to the request, leading to a delay in the proceedings. During the Stage 3 Hearing, the respondent provided the requested records. The decision found that the applicant's request had been fulfilled. However, it determined that the respondent's failure to respond promptly and the delay in joining the case amounted to a refusal to provide records without reasonable excuse. Consequently, the respondent was ordered to pay a penalty of $500. Additionally, the respondent agreed to pay the applicant's Tribunal fees of $150. The penalty served to deter similar actions in the future.

Verdict:

In the case of Ji v. Toronto Standard Condominium Corporation No. 1611, the Tribunal found that the condominium corporation's failure to respond promptly to a request for records without reasonable excuse constituted a refusal to provide the records. As a result, a penalty of $500 was imposed, emphasizing the importance of promptly fulfilling valid record requests under the Condominium Act, 1998. This case underscores the significance of timely and reasonable responses to such requests, with the penalty serving as a deterrent to future delays or refusals without justifiable reasons.

Takeaways:

Timely Response to Records Requests: Condominium corporations must respond promptly to records requests made by unit owners. Delays or refusals to provide requested records without reasonable excuses can result in penalties. In this case, the respondent's failure to respond in a timely manner led to a penalty of $500.

Consent Orders Must Be Honored: Consent orders, once agreed upon, should be honored promptly. Failure to fulfill obligations outlined in a consent order can result in disputes and potential penalties. In this case, the respondent had not fulfilled its promise under a previous consent order, which was noted by the Tribunal.

Penalties as Deterrents: Penalties are imposed to deter similar actions in the future. They serve as a reminder that unit owners have a clear entitlement to requested records, and delays or refusals to provide them without reasonable excuses can have financial consequences. In this case, a $500 penalty was considered appropriate by the Tribunal.

Recommendations: 

Timely Compliance: Condominium corporations should prioritize responding promptly to requests for records made by unit owners or residents. Delays without a reasonable excuse, such as a change in management, should be avoided to prevent penalties and ensure transparency.

Effective Record Keeping: Condominiums should establish efficient record-keeping systems to ensure that requested records can be readily provided when required. This includes maintaining records even during management transitions.

Legal Compliance Training: Personnel involved in managing condominium records should receive training on the legal requirements and obligations related to record requests under the Condominium Act, 1998. This can help prevent inadvertent refusals and delays.

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