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Choose your role:
Pyette v. Wentworth Condominium Corporation No. 121 - 2024 ONCAT 27 - 2024-02-23
Corporation:
PWCC 121
Date:
Fri Feb 23 2024 05:00:00 GMT+0000 (Coordinated Universal Time)
Summary:
In Pyette v. Wentworth Condominium Corporation No. 121, A unit owner, filed an application seeking certain records from the condominium corporation. She received most of the records during the mediation stage of the process, except for the owner-approved minutes of the Annual General Meeting (AGM) for the 2020-2021 fiscal year. Wentworth Condominium Corporation No. 121 (WCC 121) postponed the AGM until January 30, 2024, combining it with the AGMs for the 2022-2023 fiscal year. During the hearing, WCC 121 provided the unit owner with draft minutes of that meeting. WCC 121 then brought a motion to dismiss the owner's application, stating that she now has all the records she requested and that the issue of inadequate record-keeping is outside the Tribunal's jurisdiction. The unit owner decided to withdraw her application in response. No order as to costs or penalty was issued.
Under:
CAT Decisions - Motion Order
Verdict:
Withdrawal of an application can occur when the applicant has obtained the desired records or no longer wishes to pursue the matter, leading to the conclusion of the case without costs or penalties.
Takeaways:
Access to records: Unit owners in condominiums have rights to certain records, including AGM minutes.
Jurisdiction: The Tribunal's jurisdiction may not cover certain issues related to record-keeping, especially if the records have been provided.
Withdrawal: Parties have the option to withdraw their applications if they feel their objectives have been met or if continuing the process is not necessary.
Costs and penalty: In cases of withdrawal, no costs or penalties may be issued against either party.
Recommendations:
Communication: Condominium corporations should communicate effectively with unit owners regarding AGMs and record availability.
Jurisdictional understanding: Parties should understand the Tribunal's jurisdictional limits concerning record-keeping issues.
Consider withdrawal: If the desired outcome has been achieved or if continuing the process seems unnecessary, parties may consider withdrawing their applications to conclude the matter efficiently.