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Nicholaos Nassios v Grey Standard Condominium Corporation No. 46 - 2019 ONCAT 26 - 2019-06-20
Corporation:
NNGSCC 46
Date:
2019-06-20
Summary:
In this case, the applicant initially sought electronic copies of certain records from Grey Standard Condominium Corporation No. 46 (GSCC46). However, during the course of the proceedings, he sold his condominium unit. GSCC46 filed a motion to have applicant's application dismissed, arguing that he was no longer entitled to obtain the requested records due to the sale of his unit. The tribunal ruled in favor of GSCC46, stating that the applicant had indeed lost his status as a condominium unit owner when he sold his unit, rendering him ineligible to continue his application. The tribunal also noted that the applicant's agency authorization did not permit him to obtain copies of records. Therefore, his application was dismissed.
Under:
CAT Decisions - Dismissal Order
Entitlement to Records
Fees, Costs, Penalties
Verdict:
In this case, the applicant applied for access to condominium records as a unit owner but sold his unit during the proceedings. The tribunal ruled that after the sale, he lost his status as a person entitled to obtain the records, and an agency authorization he received didn't grant him the right to continue the application for records. This case emphasizes the importance of maintaining the relevant status throughout legal proceedings and ensuring that authorization is explicitly granted for the desired actions, as per the Condominium Act.
Takeaways:
In this case, the applicant applied to obtain electronic copies of certain records from Grey Standard Condominium Corporation No. 46 (GSCC46) as a unit owner. However, during the proceedings, he sold his condominium unit.
The tribunal found that the applicant lost his status as a person entitled to obtain copies of condominium records when he sold his unit. This change in his status occurred before a final order was issued in the case.
An agency authorization received by the applicant on the same day he sold his unit did not grant him authority to obtain copies of the records, as it only authorized him to examine the records.
Without a Request for Records initiated by the Principal, the applicant could not rely on the agency authorization to continue his application.
The tribunal granted GSCC46's motion to dismiss Mr. Nassios' application, and no orders for costs or penalties were issued. This case highlights the importance of maintaining the status of a condominium unit owner to pursue claims related to condominium records.
Recommendations:
Maintain Legal Standing: It is crucial for individuals involved in legal proceedings to maintain the legal standing required to pursue their case. In this context, maintaining ownership of a condominium unit is necessary for pursuing a case related to access to condominium records. Individuals should be cautious about the potential impact of any change in their legal status on ongoing legal matters.
Ensure Proper Authorization: If acting on behalf of another party, ensure that the authorization is specific and comprehensive. In this case, the agency authorization was not sufficient as it did not explicitly grant the authority to obtain copies of records. Any authorization should be aligned with the specific actions or requests intended during the legal process.
Legal Jurisdiction Understanding: It is essential to have a clear understanding of the jurisdiction and authority of the legal body or tribunal overseeing a case. While individuals may have concerns about potential breaches of the law, it's important to be aware of the tribunal's scope of authority and jurisdiction, which may not extend to investigating and taking action against certain matters. Understanding this can help set realistic expectations for the legal process.