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Kallini v. Toronto Standard Condominium Corporation No. 1598 - 2020 ONCAT 37 - 2020-10-16

Corporation:

KTSCC 1598

Date:

2020-10-16

Summary:

the case of Kallini v Toronto Standard Condominium Corporation No 1598 involves a dispute over access to records relating to the replacement of plumbing piping and the associated costs in the condominium. The applicant requested several records from the condominium corporation, including engineering reports, a plumbing inspection report, and communication regarding payment for the replacement. The tribunal concluded that the corporation had produced the requested records and that any consideration of the corporation's decision-making process regarding the replacement was beyond its jurisdiction. No costs or penalties were awarded in this case. Overall, the case highlights the importance of maintaining adequate records as required by the Condominium Act 1998 and the entitlement of unit owners to examine or obtain copies of such records.

Under:

CAT Decisions - Decision
Access to Records
Fees, Costs, Penalties

Verdict:

Verdict: The tribunal found that the condominium corporation had produced the requested records relating to the replacement of plumbing piping and associated costs, indicating compliance with the Condominium Act 1998.

Lesson: This case highlights the importance of maintaining adequate records as required by the Condominium Act and clarifies the limited jurisdiction of the tribunal in considering the correctness of decision-making processes or communication methods beyond access to records. It also encourages parties to resolve disputes amicably and promote a cooperative approach to conflict resolution in the context of condominium issues.

Takeaways:

In this case, the applicant requested records from the condominium corporation relating to the replacement of plumbing piping and the associated costs. The tribunal found that the corporation had produced the requested records, indicating the importance of maintaining adequate records as required by the Condominium Act 1998.

The tribunal clarified that its jurisdiction in this case was limited to access to records and did not extend to considering the correctness of the corporation's decision-making process regarding the replacement or communication of the decision to the unit owners. This highlights the need for clarity on the scope of the tribunal's jurisdiction in records-related disputes.

Although no costs or penalties were awarded in this case, the tribunal encouraged the parties to resolve their differences and promote a cooperative approach to dispute resolution. This serves as a reminder for parties involved in condominium disputes to explore amicable solutions and avoid unnecessary costs and conflicts.

Recommendations: 

Maintaining Clear and Comprehensive Records: Condominium corporations should ensure they keep adequate records as required by the Condominium Act 1998. This includes maintaining records of important decisions, communication, and financial matters, such as the replacement of plumbing piping or any major repairs or renovations.

Clear Communication Process: Condominium corporations should establish a clear and transparent communication process with unit owners. This includes providing timely updates and notices regarding important decisions and associated costs, such as the Kitec Replacement in this case. Having a well-defined communication process can help prevent misunderstandings and disputes.

Amicable Conflict Resolution: Parties involved in condominium disputes, such as unit owners and condominium corporations, should strive to resolve their differences in an amicable manner. Instead of escalating the issue to a tribunal, parties can consider mediation or other alternative dispute resolution methods to reach a mutually beneficial resolution. This approach promotes harmony and cooperation within the condominium community.

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