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Choose your role:
Ontario Condominium Corporation No. 10 v. Carter
Corporation:
OCC10
Date:
2025-06-16
Summary:
This case involves a dispute over the refusal of the respondent, TSCC 2395, to provide the applicant, Mr. Himes, with requested records. The Condominium Authority Tribunal (CAT) found that the respondent unreasonably withheld certain records and ordered them to be released to the applicant.
Under:
Records
Verdict:
The Condominium Authority Tribunal ordered TSCC 2395 to provide Mr. Himes with the requested records and to pay costs of $125. This case underscores the importance of condominium corporations' obligation to provide records when they are requested by unit owners.
Takeaways:
- Access Rights Are Enforceable: Unit owners have a clear legal right to access certain records under the Condominium Act, and tribunals will uphold these rights.
- Unreasonable Refusal Has Consequences: Condo corporations that unjustifiably withhold records risk Tribunal orders and cost penalties.
- Transparency Is Key: Providing requested records, unless legally exempt, promotes trust and compliance with governance duties.
Recommendations:
Do not withhold records without a valid legal reason—unreasonable refusals can lead to Tribunal orders and cost penalties. Respecting owners’ rights to access records is a core governance responsibility.