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Niekraszewicz v. York Region Condominium Corporation No. 835 - 2021 ONCAT 61 - 2021-07-08

Corporation:

NYRCC 835

Date:

2021-07-08

Under:

CAT Decisions - Motion Order
Access to Records
Entitlement to Records

Summary:

In the case of Niekraszewicz v. York Region Condominium Corporation No. 835, the Applicant, a condominium unit owner, sought access to various records from the Respondent condominium corporation. The records requests were made between March and May 2021, encompassing documents related to insurance, financial statements, the Record of Owners and Mortgagees, Periodic Information Certificates, meeting minutes, and more. The central issue revolved around whether the Applicant was entitled to these records. The Applicant requested to include three additional records requests in the Stage 3 Tribunal Decision hearing, claiming that these requests were related to the central issue. The Respondent did not object to this motion, and the Member, in the interest of fairness, efficiency, and focus, granted the motion to include these additional issues in the hearing.

Verdict:

In Niekraszewicz v. York Region Condominium Corporation No. 835, the Condominium Authority Tribunal allowed the Applicant to include additional records requests in the Stage 3 Tribunal Decision hearing, emphasizing the importance of efficiency, focus, and fairness in addressing related issues within a single proceeding. The decision highlights the practicality of addressing all relevant issues in one case to streamline the resolution process, avoiding additional costs and delays.

Takeaways:

In the case of Niekraszewicz v. York Region Condominium Corporation No. 835, the Applicant, a condominium unit owner, sought access to various records from the Respondent condominium corporation, encompassing multiple requests made between March and May 2021.

The central issue was whether the Applicant was entitled to the records requested, and this question extended to various records, including insurance certificates, financial statements, meeting minutes, and more.

The Applicant requested to include three additional records requests from April and May 2021 in the Stage 3 Tribunal Decision hearing. The Member, responsible for balancing efficiency, focus, and fairness, granted this motion, allowing the inclusion of these additional issues in the hearing.

The decision emphasized that granting the motion would not prejudice the Respondent and would offer a more practical and effective way to address all related issues in a single proceeding.

The ruling highlights the importance of streamlining the resolution process while ensuring fairness and focus in condominium-related disputes.

Recommendations: 

Parties in disputes over access to records should consider the practicality of merging related issues into a single proceeding, as it can lead to a more efficient and focused resolution process.

When considering whether to add additional issues to a hearing, both parties should actively engage in the process, either through consent or objections, to ensure a fair and balanced approach.

Encourage parties to consider mediation as a means to work towards a resolution, even when additional issues are added to a proceeding, as it can facilitate cooperation and lead to mutually acceptable outcomes.

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