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Choose your role:
Luclucan v. Peel Condominium Corporation No. 631 - 2023 ONCAT 192 - 2023-12-07
Corporation:
LPCC 631
Date:
Thu Dec 07 2023 05:00:00 GMT+0000 (Coordinated Universal Time)
Summary:
In the case of Luclucan v. Peel Condominium Corporation No. 631, the applicant alleged that the respondent condominium corporation failed to provide him with all the records he was entitled to receive and that the records provided were inadequate. The respondent argued that the applicant's request for records was not valid due to various issues with the form used. The tribunal found that while there were some issues with the form, the request was still valid and that the respondent provided most of the requested records. However, certain records, such as unapproved meeting minutes and financial statements, were deemed inadequate. The tribunal dismissed the application without awarding costs to either party.
Under:
CAT Decisions - Decision
Access to Records
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties
Verdict:
The tribunal dismissed the application, emphasizing the importance of adhering to proper procedures for record requests and the provision of adequate records by condominium corporations. It also highlighted the need for parties to engage in constructive communication and avoid acrimony to foster a positive community lifestyle.
Takeaways:
Requests for condominium records must adhere to specified forms, but deviations may be permissible if they do not affect substance or mislead.
Condominium corporations are obligated to provide requested records in a timely manner and in compliance with relevant legislation.
Unapproved meeting minutes and financial statements may not be considered adequate records.
The tribunal may dismiss an application without awarding costs if it finds neither party entirely successful and does not deem the application frivolous or made in bad faith.
Recommendations:
Parties involved in condominium disputes should ensure compliance with relevant regulations and seek to resolve issues amicably to avoid unnecessary legal proceedings and acrimonious relationships. Effective communication and cooperation can lead to more positive outcomes for all involved parties.