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Mills-Minster v. York Condominium Corporation No. 279 - 2020 ONCAT 41 - 2020-10-28

Corporation:

MMYCC 279

Date:

2020-10-28

Under:

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

Summary:

The case of Mills-Minster v. York Condominium Corporation No. 279 dealt with a records dispute between the Applicant and the Respondent, York Condominium Corporation No. 279. The Applicant had submitted a record request, seeking specific records related to the condominium corporation. However, the Respondent raised objections, claiming that the Applicant's request was not solely related to her interest as an owner and alleging improper purpose. The Tribunal analyzed the evidence presented by both parties, including testimony from board members and past conflicts within the condominium community. Ultimately, the Tribunal found that the Applicant was entitled to the requested records and determined the fee payable for these records. No penalty was awarded, and no costs were granted to either party.

Verdict:

The verdict of the case Mills-Minster v. York Condominium Corporation No. 279 was that the applicant was entitled to the records requested from YCC 279, as they were records of the corporation to which an owner would normally be entitled. The focus during the hearing revolved around whether the applicant was entitled to the records for an improper purpose, but the Tribunal ruled in her favor without awarding any penalties or costs to either party. A key takeaway from this case is that a records dispute may be just one aspect of a larger contentious relationship between parties in a condominium community.

Takeaways:

Contentious issues: The records dispute between the applicant and York Condominium Corporation No. 279 (YCC 279) is just one aspect of a larger contentious relationship between the parties. It is noted that the records dispute is a symptom of other conflicts within the condominium community.

Dispute over records: The applicant submitted a record request seeking specific records related to the condominium corporation. However, YCC 279 raised objections, claiming that the applicant's request was not solely related to her interest as an owner and alleging an improper purpose.

Scope of requested records: The disputed records included water invoices, landscaping invoices, computer invoices, and Get Quorum invoices. The applicant narrowed her request during the hearing, specifying the timeframe and content of the records she sought.

Entitlement to records: The central issue in the case was whether the applicant was entitled to the requested records. YCC 279 argued that the applicant's request was not solely related to her interest as an owner, based on her actions before and after filing the request. However, it was acknowledged that the records were indeed records of the corporation that an owner would normally be entitled to.

Decision and outcome: The Condominium Authority Tribunal ultimately ruled in favor of the applicant, stating that she was entitled to the requested records. No penalty was awarded, and no costs were granted to either party.

Recommendations: 

Condominium corporations should ensure that they have clear and transparent processes in place for handling owners' requests for records to avoid disputes and misunderstandings.
When disputes arise regarding records requests, all parties should work towards finding a resolution through meaningful communication and compromise, as prolonged legal battles can be costly and time-consuming for everyone involved.
Condominium boards and owners should proactively work towards building positive relationships that are founded on mutual trust and respect, which can help to prevent disputes from escalating and preserve the harmony of the community.

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