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Lochner v. Toronto Standard Condominium Corporation No. 1953 - 2023 ONCAT 6 - 2023-01-17

Corporation:

LTSCC 1953

Date:

2023-01-17

Under:

CAT Decisions - Decision
Fees, Costs, Penalties

Summary:

In the case of Lochner v. Toronto Standard Condominium Corporation No. 1953, the Tribunal found that the Respondent was entitled to charge $600 for labor costs related to the production of non-core records requested by the Applicant but denied the photocopying costs of $48. The Applicant's behavior throughout the case was characterized as disruptive and unreasonable, leading to additional expenses for the Respondent. Therefore, the Tribunal awarded the Respondent 80% of their legal costs, amounting to $4,800. The case underscores the importance of parties adhering to the Tribunal's rules, maintaining civility, and following instructions, as failure to do so can result in financial consequences.

Verdict:

In the case of Lochner v. Toronto Standard Condominium Corporation No. 1953, the Condominium Authority Tribunal determined that the Respondent may charge $600 for labor to produce certain non-core records. However, they did not adequately justify a $48 fee for photocopying costs. The Tribunal declined to award Tribunal fees to the Applicant due to their unreasonable conduct but awarded the Respondent 80% of their legal costs, totaling $4800. The Tribunal encouraged the parties to work together to resolve their underlying issues and maintain a sense of community within the condominium.

Takeaways:

Takeaways:

Condominium corporations can charge fees for producing non-core records, provided they are reasonable and comply with the regulations.
Parties involved in disputes should maintain civility and adhere to the Tribunal's rules and instructions, as disruptive behavior can lead to financial consequences.
The Tribunal may award costs to a party if the behavior of the opposing party was unreasonable, causing additional expenses.
Financial disputes related to non-core records should be addressed separately from broader issues related to condominium management.
Cooperation and seeking resolution in a community spirit can lead to more amicable outcomes in condominium-related disputes.

Recommendations: 

Recommendations:

Parties should ensure that their fees for producing records are reasonable and can be justified.
It is important to comply with the rules and directions of the Tribunal to avoid unnecessary delays and expenses.
Consider the proportionality of legal costs in relation to the overall dispute when seeking cost awards from the Tribunal.

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