top of page
White Columns
< Back

Ravells v. Metropolitan Toronto Condominium Corporation No. 564 - 2020 ONCAT 44 - 2020-12-14

Corporation:

RMTCC 564

Date:

2020-12-14

Under:

CAT Decisions - Decision
Adequacy of Records
Fees, Costs, Penalties

Summary:

In the case of Ravells v Metropolitan Toronto Condominium Corporation No 564, the applicant, alleged that the condominium corporation failed to provide or delayed the provision of records she was entitled to receive. She further claimed that the records she did receive were inadequate, insufficient, or inaccurate. The applicant requested that the tribunal order the provision of current records and impose a penalty against the respondent. The tribunal found that the applicant's request for records was valid, and although most of the requested records were provided, the respondent's delay in providing some of them constituted a refusal without a reasonable excuse. As a result, a penalty of $500 was imposed on the respondent, and the respondent was ordered to pay $200 in costs to the applicant.

Verdict:

In this case, the tribunal found that the request for records made by the applicant was valid. Although most of the requested records were provided, the delay in providing some records led to a penalty of $500 being imposed on the respondent for refusal without a reasonable excuse. Additionally, the respondent was ordered to pay costs of $200 to the applicant. The lesson from this case is that condominium corporations are required to fulfill valid requests for records in a timely manner and failure to do so may result in penalties and costs being imposed by the tribunal.

Takeaways:

Valid Request for Records: The tribunal determined that the request for records made by the applicant on March 26, 2020, was valid under the provisions of the Condominium Act 1998.

Adequacy of Records: While the tribunal acknowledged that most of the requested records were provided by the respondent, Metropolitan Toronto Condominium Corporation No 564, it found that the delay in providing some of the records constituted a refusal without a reasonable excuse.

Penalty Imposed: As a result of the respondent's refusal to provide records without a valid excuse, a penalty of $500 was imposed on the respondent.

Costs Awarded: The tribunal also ordered the respondent to pay costs of $200 to the applicant.

Request for Information: The respondent argued that they were not required to provide information about the content of the requested records, as it fell outside the jurisdiction of the tribunal.

Recommendations: 

Strengthen Record Keeping Procedures: Condominium corporations should ensure they have robust record keeping procedures in place to prevent delays in providing requested records. This includes promptly responding to requests, maintaining accurate and sufficient records, and addressing any deficiencies identified in a timely manner.

Comply with Requests for Records: Condominium corporations should carefully review and comply with the requirements of the Condominium Act 1998 when responding to requests for records. This includes accepting valid requests through authorized methods of delivery, providing the requested records, and ensuring the content of the records is accurate and complete.

Minimize Delays in Record Provision: It is crucial for condominium corporations to prioritize the timely provision of requested records. Unreasonable delays or refusals to provide records without a valid excuse, as determined by the tribunal, may lead to penalties and costs being imposed. By promptly fulfilling record requests, corporations can avoid unnecessary penalties and associated costs.

bottom of page