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Nickason v. Wellington Standard Condominium Corporation No. 108 - 2021 ONCAT 45 - 2021-05-14

Corporation:

NWSCC 108

Date:

2021-05-14

Under:

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

Summary:

In the case of Nickason v Wellington Standard Condominium Corporation No 108, the applicant requested several records related to a siding project, but did not receive most of the records he requested. The respondent did not comply, and the matter proceeded to adjudication in front of the tribunal. The respondent was aware of the case but chose not to participate beyond its initial involvement in Stage 2, and no submissions were provided. The tribunal found that the applicant was entitled to receive all the records he had requested, and the respondent was directed to provide the tendering documents and bids, as well as the drawings related to the siding project for specific blocks. The case highlights the importance of compliance with legal requirements regarding access to records in condominium disputes and the need to participate fully in the tribunal process.

Verdict:

The case of Nickason v Wellington Standard Condominium Corporation No 108 is that the respondent failed to participate in the tribunal process and did not provide the requested records. As a result, the tribunal made a decision based solely on the applicant's submissions and evidence, emphasizing the importance of active participation and compliance with legal requirements in condominium disputes.

Takeaways:

Importance of Access to Records: The case highlights the significance of access to records in condominium disputes. In this case, the applicant requested various records relating to a siding project but did not receive most of them, leading to a dispute.

Full Participation in Tribunal Process: It is crucial to participate fully in the tribunal process. The respondent initially participated in Stage 2 of the process but later chose not to participate beyond that point. As a result, the decision was made based solely on the applicant's submissions and evidence.

Compliance with Legal Requirements: The case emphasizes the need to comply with legal requirements related to access to records. The tribunal directed the respondent to provide specific documents, such as tendering documents, bids, and drawings related to the siding project for particular blocks.

Recommendations: 

Active Participation in Tribunal Process: It is crucial for all parties involved to actively participate in the tribunal process. In this case, the respondent chose not to participate beyond the initial stage, which limited their ability to present their side of the dispute. It is recommended that parties fully engage with the tribunal and provide all required documents and submissions.

Compliance with Records Requests: Condominium corporations should ensure timely and accurate compliance with records requests from unit owners. In this case, the respondent failed to provide most of the requested records related to the siding project. It is advisable for condo corporations to have proper systems in place to handle records requests, respond within the required timelines, and provide the requested documents.

Clear Communication and Document Management: Communication between unit owners and condo corporations should be clear and transparent, especially regarding records requests. Condo corporations should maintain proper documentation, including correspondence, emails, and records, to ensure efficient handling of requests and avoid disputes. It is recommended for both parties to maintain a clear paper trail to avoid miscommunication and facilitate resolution.

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