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North York Medicare Centre v. Toronto Standard Condominium Corporation No. 2519 - 2021 ONCAT 111 - 2021-11-24
Corporation:
NYMCTSCC 2519
Date:
2021-11-24
Summary:
In the case of North York Medicare Centre v Toronto Standard Condominium Corporation No 2519, the applicant (North York Medicare Centre) requested access to various records from the condominium corporation. The respondent (Toronto Standard Condominium Corporation No 2519) provided some of the requested records but claimed fees for the redaction and printing of certain documents. The applicant argued that the fees were inflated and requested a reduction. The condominium corporation revised its cost estimate for the review and redaction of records. The tribunal was tasked with determining the reasonable fees the condominium corporation could claim for providing access to records.
Under:
CAT Decisions - Decision
Access to Records
Fees, Costs, Penalties
Verdict:
the quick verdict for the case "North York Medicare Centre v Toronto Standard Condominium Corporation No 2519" is that the Condominium Authority Tribunal (CAT) decided that Toronto Standard Condominium Corporation No 2519 (TSCC2519) may charge fees for providing access to records, but the fees should be revised and reduced from the initial amount claimed by TSCC2519. The CAT found that TSCC2519 had inflated the number of hours required for redacting the records, and as a result, the fees charged should be adjusted accordingly.
Takeaways:
Request for Records: North York Medicare Centre (NYMC) submitted a request to Toronto Standard Condominium Corporation No 2519 (TSCC2519) to obtain various records, including financial statements, minutes of meetings, and legal invoices from various law firms.
Dispute over Fees: TSCC2519 claimed fees for redaction, printing, and photocopying of the requested records. NYMC disputed the reasonableness of these fees and argued that they were inflated. TSCC2519 revised its cost estimate for the review and redaction of records, reducing the total amount.
Tribunal Decision: The case was brought before the Condominium Authority Tribunal (CAT) to determine the reasonable fees TSCC2519 could claim for providing access to records. Issues to be decided included the fees TSCC2519 could charge, the penalty for refusing to provide requested records, and whether costs should be awarded.
Recommendations:
The Condominium Authority Tribunal (CAT) should uphold the decision that Toronto Standard Condominium Corporation No 2519 (TSCC2519) may charge fees for providing access to records.
However, the CAT should revise and reduce the fees claimed by TSCC2519, as it has been found that TSCC2519 inflated the number of hours required for redacting the records.
The CAT should adjust the fees charged by TSCC2519 to reflect a more reasonable reimbursement for labor and consider removing the printing fee, as the requested records are kept electronically and can be redacted in that format.
The CAT should also consider reducing the cost estimate for redacting the general ledger, as it has been previously provided in a redacted version with a lower page count.