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Majoo v. York Condominium Corporation No. 43 - 2023 ONCAT 103 - 2023-07-28

Corporation:

MYCC 43

Date:

2023-07-28

Under:

CAT Decisions - Decision
Access to Records

Summary:

In the case of Majoo v. York Condominium Corporation No. 43, the applicant requested access to certain records from the condominium corporation. The corporation provided some records but not all that were requested. After a series of delays and scheduling conflicts, the case proceeded to a hearing, with the applicant and corporation participating in the process. The corporation eventually provided the remaining records the applicant was entitled to. Since the applicant should not have been required to go through the entire process to obtain records they were entitled to, the tribunal ordered the corporation to reimburse the applicant's filing fees of $200. The case was dismissed.

Verdict:

Quick Verdict/Lesson:

The tribunal in Majoo v. York Condominium Corporation No. 43 dismissed the case after the respondent provided the requested records. The key lesson is that unit owners should have timely access to records they are entitled to, without incurring unnecessary costs or advancing to a hearing. In this case, the respondent was ordered to reimburse the applicant's filing fees of $200.

Takeaways:

Takeaways from Majoo v. York Condominium Corporation No. 43 (2023 ONCAT 103):

Records Request Dispute: The case involved a unit owner's request for access to certain records from the condominium corporation. The owner had requested these records on July 5, 2022, but not all requested records were provided.

Delays and Process: The case experienced delays due to changes in legal representation for the respondent and scheduling conflicts. A case scheduling conference was held to set the method of submissions and related deadlines.

Dismissal of the Case: The tribunal ultimately dismissed the case as the respondent provided the applicant with the requested records. The applicant did not make any submissions by the specified deadlines.

Cost Reimbursement: The tribunal exercised its discretion to order the respondent to reimburse the applicant's filing fees of $200. This was due to the applicant not receiving the requested records until the third stage of the process.

Importance of Access to Records: The decision highlights the importance of ensuring unit owners' access to records they are entitled to without undue delays or costs.

Recommendations: 

Proactive Records Disclosure: Condominium corporations should be encouraged to proactively provide unit owners with the records they are entitled to access under the Condominium Act, 1998, without the need for formal requests. This would help prevent unnecessary disputes and the associated costs for unit owners and the condominium corporation.

Record Access Education: The Condominium Authority Tribunal (CAT) should develop educational materials or online resources to inform unit owners about their rights to access records and how to navigate the process efficiently. Providing clear guidance on when and how to request records, as well as what to do if records are not provided, can empower unit owners and reduce the need for formal Tribunal proceedings.

Filing Fee Reimbursement: The CAT should establish a clear process for reimbursing unit owners' filing fees in cases where they had to resort to the Tribunal to obtain records that were rightfully theirs. This would ensure that unit owners are not financially burdened when pursuing access to necessary records and incentivize condominium corporations to provide records promptly.

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