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Choose your role:
Kim v. York Condominium Corporation No. 96 - 2022 ONCAT 90 - 2022-08-25
Corporation:
KYCC 96
Date:
2022-08-25
Summary:
In the case of Kim v. York Condominium Corporation No. 96, the applicant requested Periodic Information Certificates (PICs) for specific quarters from the respondent, York Condominium Corporation No. 96. The applicant questioned the adequacy of the records provided and raised concerns about potential discrepancies in the content of the PICs. The tribunal had to decide whether the records provided were adequate, whether the respondent replied to the request in the prescribed manner and timeline, and whether a penalty was warranted
Under:
CAT Decisions - Decision
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties
Verdict:
Verdict or Lesson:
In the case of Kim v. York Condominium Corporation No. 96, the tribunal found that the records provided by the respondent, York Condominium Corporation No. 96, in response to the applicant's request for Periodic Information Certificates (PICs) were adequate. The tribunal also determined that the respondent had a reasonable excuse for the initial failure to respond to the request for records within the prescribed timeline and format. As a result, no penalty was deemed necessary.
Takeaways:
Adequacy of Records: In cases involving requests for records in a condominium dispute, the adequacy of the records provided is a key consideration. The tribunal must assess whether the records meet the statutory requirements and whether there are substantial discrepancies or inaccuracies.
Prescribed Manner and Timeline: Condominium boards are required to respond to requests for records within a specific timeframe and using the prescribed form. Failure to do so may be considered a refusal to provide records, and penalties could be imposed.
Reasonable Excuse: When assessing whether a penalty is warranted for failing to provide records, the tribunal considers whether the refusal was without a reasonable excuse. In this case, a reasonable excuse was found due to the volume of records, ongoing communications, and the prompt provision of the requested records once the oversight was realized.
Recommendations:
Recommendations:
Understand the Limits of Jurisdiction: Parties involved in condominium-related disputes should be aware of the jurisdictional limits of the tribunal. Disputes regarding the content of records or documents may not always fall within the tribunal's purview. It is crucial to differentiate between issues that can be addressed by the tribunal and those that require legal action in other forums.
Timely and Proper Communication: Condominium boards must ensure that they respond to requests for records within the prescribed timeline and using the required format. Timely and proper communication can help avoid unnecessary disputes and penalties. In this case, an excuse related to a large volume of records and ongoing communications was considered reasonable.
Resolution Without Penalties: Where possible, parties involved in condominium disputes should aim to resolve issues through communication and cooperation before resorting to penalties or legal actions. Understanding the circumstances and intentions of the other party can help in reaching an amicable resolution.