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Reid v. York Condominium Corporation No. 279 - 2021 ONCAT 23 - 2021-03-18

Corporation:

RYCC 279

Date:

2021-03-18

Under:

CAT Decisions - Dismissal Order
Access to Records

Summary:

The case of Reid v. York Condominium Corporation No. 279 involved a dispute over the adequacy of the minutes of a board meeting held by the Respondent on April 22, 2020. The Applicant argued that the minutes provided did not include reference to a motion regarding the Board Governance and Ethics by-law, and failed to attach the supporting document for the motion. The Respondent brought a motion to dismiss the case, claiming that the issue was minor and it would be unfair to continue with the proceeding. The Tribunal determined that the issue was indeed minor and ordered the case to be dismissed. It was concluded that the minutes provided to the Applicant were adequate, as the motion was not seconded or discussed, and the supporting document was not considered a corporate record.

Verdict:

the quick verdict of the case Reid v. York Condominium Corporation No. 279 is that the case was dismissed by the Condominium Authority Tribunal (CAT) as the issue in dispute was considered to be minor, and it would be unfair to require the respondent to respond further.

The lesson from this case is that when it comes to disputes over the adequacy of meeting minutes in a condominium corporation, the CAT may dismiss a case if it deems the issues raised to be minor and not warranting further proceedings.

Takeaways:

The dispute revolved around the adequacy of the minutes of a board meeting held by York Condominium Corporation No. 279 on April 22, 2020.

The applicant argued that the minutes provided by the respondent were inadequate as they did not include reference to a failed motion regarding the Board Governance and Ethics by-law, nor did they attach the supporting document for the motion.

The respondent brought a motion to dismiss the case, claiming that the issues raised were minor and it would be unfair to continue with the proceeding.

The Tribunal determined that the issue in dispute was indeed minor and dismissed the case, stating that it would be unfair and disproportionate to require the respondent to respond.

This case highlights the interpretation of "adequate records" under the Condominium Act, as well as the importance of accurately documenting board meetings and business transactions.

Recommendations: 

Improve transparency and accuracy of meeting minutes: To avoid disputes over the adequacy of meeting minutes, it is recommended that condominium corporations ensure that all proceedings, including failed motions, are accurately recorded. This will provide a complete and transparent record of board meetings.

Enhance record-keeping practices: Condominium corporations should establish clear guidelines and procedures for record-keeping in accordance with the Condominium Act, 1998. This includes maintaining and organizing all required records, such as meeting minutes, in a comprehensive and accessible manner.

Encourage communication and collaboration: It is important for both condominium corporations and unit owners to maintain open lines of communication and work collaboratively to resolve disputes. Proactive communication can help address minor issues before they escalate and prevent the need for formal proceedings.

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