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Russell v. York Condominium Corporation No. 50 - 2021 ONCAT 37 - 2021-05-05

Corporation:

RYCC 50

Date:

2021-05-05

Summary:

In the case of Russell v. York Condominium Corporation No. 50, the applicant brought an application to the Condominium Authority Tribunal concerning multiple Requests for Records made under the Condominium Act, 1998. After initiating the application submitted a fourth Request for Records, which the respondent, York Condominium Corporation No. 50, responded to. Not fully satisfied with the response, the applicant filed a motion to include this fourth Request and its related issues in the ongoing hearing. The respondent consented to this request. The Tribunal's decision, under Rule 4 of its Rules of Practice, allowed the addition of the fourth Request and its associated matters to the existing hearing for greater efficiency.

Under:

CAT Decisions - Motion Order

Verdict:

In the case of Russell v. York Condominium Corporation No. 50, the Tribunal issued a motion order to include the applicant's fourth Request for Records, along with its associated issues, in the ongoing hearing, which had initially addressed three Requests for Records. This decision highlights the Tribunal's commitment to procedural efficiency by consolidating related matters into a single hearing to ensure fairness and effectiveness.

Takeaways:

In the case of Russell v. York Condominium Corporation No. 50, the applicant sought access to condominium records under the Condominium Act, 1998, through three initial Requests for Records.

Subsequently, the applicant filed a fourth Request for Records on March 29, 2021, which the respondent, York Condominium Corporation No. 50, responded to.

The applicant was dissatisfied with the response to his fourth request, leading him to file a motion to include it and its associated issues in the ongoing hearing.

The respondent, YCC50, consented to the addition of the fourth Request for Records, and the Tribunal decided that it would be more efficient and fair to address all four requests in a single hearing.

This motion order was issued under Rule 4 of the Condominium Authority Tribunal's Rules of Practice, demonstrating the Tribunal's commitment to streamlining proceedings for greater efficiency.

Recommendations: 

Ensure Timely Responses: Condominium corporations should aim to provide timely responses to Requests for Records to maintain transparency and good communication with unit owners.

Streamline Proceedings: When additional requests or issues arise during the course of a hearing, it is advisable to consolidate them into the ongoing proceedings to enhance efficiency and fairness.

Adhere to Tribunal Rules: Parties involved in condominium disputes should adhere to the rules and procedures of the Condominium Authority Tribunal to facilitate a smooth and just resolution process.

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