Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Heading 5
Choose your role:
Morassut v. Middlesex Standard Condominium Corporation No. 922 - 2022 ONCAT 87 - 2022-08-17
Corporation:
MMSCC 922
Date:
2022-08-17
Summary:
In the case of Morassut v. Middlesex Standard Condominium Corporation No. 922, the applicant sought access to certain engineering reports from the condominium corporation, which he believed were within its possession. However, the tribunal found that these reports were not records of the corporation, as they were still under review by an engineering firm. Therefore, the applicant was not entitled to receive copies of these reports. The tribunal also found that the respondent did not provide a detailed explanation for their refusal, and they were advised to be more precise in their responses to owners. As the applicant's request was dismissed, he was not awarded any costs.
Under:
CAT Decisions - Decision
Entitlement to Records
Fees, Costs, Penalties
Verdict:
Verdict/Lesson:
The tribunal dismissed the Applicant's request for the records, and no penalty or costs were awarded. The case serves as a lesson on the importance of clearly defining what constitutes "records" of a corporation under relevant regulations and understanding the specific circumstances under which access to these records can be granted to owners. In this case, because the records were not considered official records of the corporation until reviewed and accepted, the Applicant's request was denied.
Takeaways:
The case involves a dispute between Edward Morassut and Middlesex Standard Condominium Corporation No. 922 (the "Respondent") regarding the Applicant's request for specific records.
The Applicant believed he was entitled to receive certain engineering reports, and he requested these records. However, the Respondent refused to provide them, citing Section 55 of the Condominium Act, 1998.
The tribunal found that the records requested by the Applicant were not considered records of the corporation as they were still under review by an engineering firm. Therefore, the Applicant was not entitled to receive copies of these reports.
Recommendations:
The decision in "Morassut v. Middlesex Standard Condominium Corporation No. 922, 2022 ONCAT 87" provides several recommendations and takeaways:
Clear Communication: The decision emphasizes the importance of clear and detailed communication in responding to requests for records. It suggests that when a condominium corporation refuses to provide records, it should provide a clear and specific explanation for the refusal, citing the relevant provisions of the Condominium Act or other applicable laws.
Record Keeping: Condominium corporations are required to keep adequate records, as per the Condominium Act. This decision highlights the significance of distinguishing between documents or reports that are considered records of the corporation and those that are not. It's crucial to understand the criteria for what constitutes a record.
Consultation and Legal Advice: Condominium corporations should consider consulting experts and legal advisors before responding to record requests, especially when dealing with complex issues. This can help ensure that responses are well-informed and legally sound.
Transparency: Transparency in sharing information with unit owners is encouraged. While not all documents provided to the corporation must be kept as records, clear communication with unit owners about the status and availability of documents can help avoid disputes and speculation.