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Rice v. Peel Condominium Corporation No. 9 - 2020 ONCAT 43 - 2020-12-10

Corporation:

RPCC 9

Date:

2020-12-10

Under:

CAT Decisions - Decision
Access to Records
Entitlement to Records
Fees, Costs, Penalties

Summary:

In the case of Rice v. Peel Condominium Corporation No. 9, the applicant sought access to the record of owners and mortgagees of the condominium corporation. The condominium corporation, Peel Condominium Corporation No. 9, failed to respond to the request, leading to a case before the Tribunal. The Respondent did not participate in the Tribunal proceedings. The Tribunal found that the applicant was entitled to the requested record and ordered the Respondent to provide it within 30 days. Additionally, a penalty of $500 was assessed against the Respondent for failing to respond to the request without reasonable excuse, and the applicant was awarded $150 in costs to cover filing fees.

Verdict:

In the case of Rice v. Peel Condominium Corporation No. 9, the Tribunal ruled in favor of the applicant who sought access to the record of owners and mortgagees held by the condominium corporation, finding that she was entitled to it under the Condominium Act, 1998. The respondent's failure to respond to the request and participate in the proceedings amounted to a refusal to provide the record, resulting in a $500 penalty. The applicant was also awarded $150 in costs to cover filing fees. This case underscores the importance of condominium corporations promptly responding to records requests, as failing to do so can lead to penalties and costs awarded to the requesting party.

Takeaways:

In the case of Rice v. Peel Condominium Corporation No. 9, the applicant requested access to the record of owners and mortgagees held by the condominium corporation.

The Respondent, Peel Condominium Corporation No. 9, failed to respond to the request, prompting the applicant to file a case with the Tribunal.

The Tribunal found that the applicant was entitled to access this record, as it falls under the Condominium Act, 1998.

The Respondent's failure to respond to the request was considered a refusal to provide the record without reasonable excuse, leading to a penalty of $500 against the Respondent.

The applicant was also awarded $150 in costs to cover filing fees.

Recommendations: 

Ensure Timely and Effective Communication: Condominium corporations should establish clear communication protocols to promptly acknowledge and respond to records requests, as required by relevant regulations. This includes having designated personnel responsible for handling such requests and ensuring that they are aware of their responsibilities.

Compliance Training for Condominium Personnel: It is essential to provide training and ongoing education to personnel, especially condominium managers, regarding their legal obligations under condominium and property management laws. This will help prevent situations where records requests are ignored due to a lack of understanding or awareness.

Documentation and Record Keeping: Condominium corporations should maintain meticulous records of all communications and interactions related to records requests and legal proceedings. This documentation can serve as evidence of compliance and due diligence, which can be crucial in case of disputes or legal actions.

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