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Patricia Gendreau v Toronto Standard Condominium Corporation No. 1438 - 2020 ONCAT 18 - 2020-05-26
Corporation:
PGTSCC 1438
Date:
2020-05-26
Summary:
The case "Patricia Gendreau v Toronto Standard Condominium Corporation No 1438" revolves around the issue of access to records. The applicant requested a broad range of core and non-core records from the respondent, a standard condominium corporation. While the respondent delivered the core records with some delays, they stated that the non-core records would only be provided subject to review and redaction by their solicitor. The applicant believes that the estimated fees for review and redaction are unreasonable. The key question in this hearing is whether the board of directors has a duty to review the requested records for redaction. It was determined that PIPEDA (Personal Information Protection and Electronic Documents Act) does not apply to condominium corporations, and subsection 553 of the Condominium Act 1998 mandates the corporation to provide the records without review for redaction.
Under:
CAT Decisions - Decision
Access to Records
Fees, Costs, Penalties
Verdict:
The quick verdict from the case "Patricia Gendreau v. Toronto Standard Condominium Corporation No 1438" is that the board of directors of a condominium corporation is not obliged to review requested records for redaction under PIPEDA (Personal Information Protection and Electronic Documents Act). Instead, the corporation must provide access to records upon request by a qualified requester under subsection 553 of the Condominium Act 1998, subject only to the exceptions set out in subsection 554 of the Act. This means that the requester can examine all corporation records in accordance with the regulations, except for those records described in subsection 4, without any duty to review them for redaction by the board of directors, as mandated by the Act.
Takeaways:
Condominium corporations are required by law to provide access to their records upon request by an owner, a purchaser, or a mortgagee of a unit or an agent of one of them, in accordance with the regulations, except for those records described in subsection 4.
Condominium corporations are not subject to PIPEDA (Personal Information Protection and Electronic Documents Act), which is a federal law governing the collection, use, and disclosure of personal information in the course of commercial activities.
Solicitor review and redaction of non-core records in response to a request for records by a qualified requester is not a duty of a condominium corporation board of directors, as mandated by subsection 553 of the Condominium Act 1998.
Obtaining records from a condominium corporation is subject to estimated fees, costs, and penalties.
The condominium corporation is obligated to provide the records subject only to the exceptions set out in subsection 554 of the Act.
Recommendations:
Provide clarity on the process for accessing requested records: In this case, there was confusion regarding the duty of the condominium board of directors to review and redact requested records. It would be beneficial for condominium corporations to establish clear guidelines and procedures for handling requests for records, including the process for review and redaction, to avoid any misunderstandings or delays.
Ensure reasonable fees for record review and redaction: The applicant in this case contested the estimated fees for the review and redaction of non-core records. It is recommended that condominium corporations carefully consider the reasonableness of the fees they charge for these services to avoid any disputes or perceived unfairness. This may include providing transparent and itemized estimates of costs associated with record review and redaction.
Stay up to date with legal obligations: The case highlighted the interpretation of the Personal Information Protection and Electronic Documents Act (PIPEDA) in relation to condominium corporations. It is crucial for condominium boards to stay informed about the applicable laws and regulations, ensuring compliance and understanding their obligations when it comes to personal information and record disclosure. Regular legal review and training can aid in navigating these complex areas and prevent potential legal issues.