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Lucian Sava v York Condominium Corporation No. 386 - 2019 ONCAT 8 - 2019-04-10

Corporation:

LSYCC 386

Date:

2019-04-11

Summary:

The case of Lucian Sava v York Condominium Corporation No 386 involves a dispute over access to condominium corporation records. The case presents four outstanding records that the applicant had requested from the Corporation. The Corporation initially refused to provide these records but later declared an intention to do so only if the applicant pays for the costs associated with producing the records. The Condominium Authority Tribunal found that the applicant is entitled to the requested records subject to the redaction of certain information. The Tribunal also found that the Corporation's earlier objections were without merit and that the applicant is entitled to the costs associated with the appeal. Sava's claim for other types of penalties and damages were not found to be warranted. The Corporation was ordered to pay a penalty for its failure to provide the requested records without reasonable excuse.

Under:

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

Verdict:

the quick verdict is that the applicant is entitled to the requested records from York Condominium Corporation No 386 (YCC386) with certain redactions. YCC386 is ordered to pay a penalty for not providing the records without reasonable excuse, and Mr. Sava is entitled to costs associated with the appeal. The lesson learned is that condominium corporations must comply with requests for records from unit owners and failure to do so may result in penalties.

Takeaways:

Requested records: The applicant requested several records from the York Condominium Corporation No 386. While most of the records were provided, four records remained outstanding.

Entitlement to records: The Condominium Authority Tribunal found that the applicant is entitled to the requested records, subject to redaction of certain information. The Tribunal also determined that the Corporation's earlier objections to providing the records were without merit.

Costs and penalties: The applicant claimed costs and penalties in the matter. The Tribunal agreed to award costs to the applicnt but did not find his claim for other types of penalties and damages to be warranted. Additionally, the Corporation was ordered to pay a penalty for its failure to provide the requested records without reasonable excuse.

Recommendations: 

Clarity and Consistency in Providing Records: Condominium corporations should establish clear and consistent procedures for providing records to unit owners upon request. This includes ensuring timely responses and avoiding contradictory explanations or withholding records without valid justification. Clear guidelines should be communicated to unit owners regarding the process for requesting and obtaining records.

Transparent Redaction of Information: When redacting information from requested records, condominium corporations should ensure that redactions are done in a transparent and justifiable manner. The reasons for redactions should be clearly communicated to the unit owner, and any necessary redactions should be limited to protect sensitive or confidential information while still providing the requested records.

Compliance with Penalties and Costs: Condominium corporations should understand their obligations to comply with penalties and costs as ordered by the Condominium Authority Tribunal or any other relevant entity. Failure to comply with penalties or refusal to pay costs can have negative consequences for the corporation and may lead to further disputes. It is important to fulfill these obligations in a timely manner and avoid potential legal repercussions.

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