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Peel Condominium Corporation No. 516 v. Depetrillo

Corporation:

​

Date:

2025-04-03

Summary:

This case involves a dispute between a condominium owner and the condominium corporation over the corporation's failure to provide requested records. The condominium owner requested a large number of records concerning the corporation's operations, which the corporation was unable to provide within the required time frame due to their volume and complexity.

Under:

Records

Verdict:

The CAT found that the condominium corporation did not comply with its obligations under the Condominium Act, 1998 to provide the requested records. The CAT ordered the corporation to provide the records and imposed a penalty for its failure to comply. The decision demonstrates that corporations must take their record provision obligations seriously and can face penalties for non-compliance.

Takeaways:

- Condominium corporations are obligated to comply with record requests from unit owners under the Condominium Act, 1998.
- The Condominium Authority Tribunal (CAT) has the power to impose penalties on corporations that fail to comply with these obligations.
- The Tribunal will consider the volume and complexity of the records requested when determining whether a corporation has complied with its obligations.

Recommendations: 

- Condominium corporations should ensure they have systems in place to efficiently handle record requests from unit owners.
- Corporations should seek legal advice when handling complex or voluminous record requests to ensure they are complying with their obligations under the Condominium Act, 1998.
- Corporations should be aware of the potential for penalties if they do not comply with their record provision obligations.

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