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Kim v. York Condominium Corporation No. 96 - 2022 ONCAT 74 - 2022-07-13

Corporation:

KYCC 96

Date:

2022-07-13

Under:

CAT Decisions - Motion Order
Access to Records
Adequacy of Records
Fees, Costs, Penalties

Summary:

In the case of Kim v. York Condominium Corporation No. 96 (2022 ONCAT 74), the issue revolved around the adequacy of records. The Respondent, York Condominium Corporation No. 96, had brought a motion to dismiss the case, alleging that the Applicant had filed the case late. The Respondent cited specific regulations regarding the time frame within which a request for records must be brought to the tribunal. While the Respondent claimed the case was filed after the deadline, the Applicant asserted it was submitted on time. The Tribunal found that the Applicant applied within the required time frame, and the motion to dismiss was dismissed. The case would proceed to determine the adequacy of records provided to the Applicant.

Verdict:

The Tribunal dismissed the motion brought by the Respondent, confirming that the Applicant had filed the case within the required time frame as per Section 13.10 (2) of Ontario Regulation 48/01, which allows six months from delivering a Request for Records to apply to the Tribunal. The lesson here emphasizes the importance of adhering to regulatory timelines and providing evidence to support claims in condominium disputes related to record adequacy.

Takeaways:

Adequacy of Records Dispute: The case of Kim v. York Condominium Corporation No. 96 revolved around a dispute regarding the adequacy of records provided by the condominium corporation to the Applicant, John Kim.

Motion to Dismiss: The Respondent, York Condominium Corporation No. 96, brought a motion to dismiss the case early in the proceedings, claiming that the Applicant had filed the case late, thereby challenging its validity.

Regulatory Compliance: The Respondent cited specific regulations, including section 13.10 of Ontario Regulation 48/01, which outlines the time frames for bringing a request for records to the tribunal and the consequences of late filing.

Applicant's Timely Filing: The Tribunal found that the Applicant had applied within the required time frame, disputing the Respondent's claim of a late filing. A credit card statement provided by the Applicant was used as evidence to confirm the timely submission of the case.

Motion Dismissed: As a result, the motion to dismiss was dismissed, allowing the case to proceed to determine the adequacy of records provided to the Applicant, emphasizing the importance of regulatory compliance and timely filings in condominium disputes.

Recommendations: 

Condominium Corporations: Condominium corporations should ensure they respond to requests for records in a timely manner, as required by regulations, to avoid potential disputes over the abandonment of requests.

Record-keeping: Both requestors and condominium corporations should maintain clear records of all communications and actions related to requests for records, as this can help resolve disputes and verify timelines.

Adherence to Regulations: Parties involved in condominium disputes should have a good understanding of the relevant regulations and ensure they meet the specified deadlines to avoid issues related to the timeliness of their actions.

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