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Mara Bossio v Metro Toronto Condominium Corporation 965 - 2018 ONCAT 6 - 2018-07-06
Corporation:
MBMTCC 965
Date:
2018-07-06
Summary:
This case, Mara Bossio v Metro Toronto Condominium Corporation 965, involved a dispute over access to records requested by a unit owner. The applicant, sought the disclosure of specific records related to a dispute with the condominium corporation. The respondent, Metro Toronto Condominium Corporation 965, refused to provide the records, claiming that the actual or contemplated litigation exception under the Condominium Act 1998 justified their refusal. The applicant argued that the exception did not apply, as she intended to use the records for mediation and arbitration purposes. The Condominium Authority Tribunal, in its decision, found that the exception under section 55 of the Act did apply, and therefore denied the applicant's request for the records.
Under:
CAT Decisions - Decision
Entitlement to Records
Fees, Costs, Penalties
Verdict:
the case Mara Bossio v Metro Toronto Condominium Corporation 965 is that the respondent, Metro Toronto Condominium Corporation 965, was justified in refusing to disclose the requested records to the applicant. The exception under section 55(4)(b) of the Condominium Act 1998 was found to apply, thus denying the applicant's right to access the records. The lesson from this case is that the actual or contemplated litigation exception can be invoked to refuse access to records in a condominium dispute, and it is important to understand and consider the specific provisions of the Condominium Act when requesting or denying access to records in such situations.
Takeaways:
Dispute over access to records: The case of Mara Bossio v Metro Toronto Condominium Corporation 965 involved a disagreement regarding the disclosure of specific records requested by a unit owner. The applicant sought access to records related to a dispute with the condominium corporation.
Actual or contemplated litigation exception: The respondent, Metro Toronto Condominium Corporation 965, refused to provide the records, claiming that the exception under section 55(4)(b) of the Condominium Act 1998 justified their refusal. The applicant argued that this exception did not apply as she intended to use the records for mediation and arbitration purposes.
Denial of records request: The Condominium Authority Tribunal found that the exception under section 55(4)(b) of the Act applied, and therefore denied the applicant's request for the records. The tribunal determined that the respondent was justified in refusing to disclose the records.
Recommendations:
Clarify the scope of the actual or contemplated litigation exception: As the respondent relied on the exception under section 55(4)(b) of the Condominium Act 1998 to deny access to the requested records, it would be beneficial to clarify the interpretation and application of this exception. This would help establish a more precise guideline for determining when access to records can be refused in the context of actual or contemplated litigation.
Establish a clear process for mediation and arbitration in condominium disputes: The applicant argued that she intended to use the records for mediation and arbitration purposes. To facilitate a smoother resolution process, it would be advisable to establish a clear and standardized process for mediation and arbitration in condominium disputes. This could include guidelines for requesting records, timelines for responses, and potential recourse if access to records is denied unfairly.
Consider the reasonableness of fees for providing records: In the event that access to records is granted, it would be important to establish guidelines for reasonable fees for providing copies of records. Sections 1338 and 1339 of Ontario Regulation 4801 under the Condominium Act could be examined to determine a fair and transparent framework for calculating fees. This would help ensure that the costs associated with accessing records are not overly burdensome for unit owners or associations.