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Choose your role:
Russell v. York Condominium Corporation No. 50 - 2022 ONCAT 56 - 2022-05-24
Corporation:
RYCC 50
Date:
2022-05-24
Summary:
This case involves a dispute between a unit owner and York Condominium Corporation No. 50 over access to condominium records. The unit owner claims that the condo corporation has refused to provide some of the records he requested and charged him an unreasonable fee for the records he did receive. This is the fifth request for records that the unit owner has submitted since 2021 and issues previously sought have been the subject of a prior CAT case. In this case, The unit owner requested a motion for relief, which includes an order directing the Respondent to refrain from further retaliatory actions. York Condominium Corporation No. 50 had previously agreed to hold their costs in abeyance but indicated that they would be forwarding a demand for costs. The applicant is seeking an affirmation that this counterclaim falls within the jurisdiction of the Condominium Authority Tribunal. The case was reviewed by the Vice-Chair of the Tribunal.
Under:
CAT Decisions - Motion Order
Access to Records
Adequacy of Records
Fees, Costs, Penalties
Verdict:
the quick verdict is that the applicant submitted a motion requesting relief in response to the respondent, York Condominium Corporation No. 50, allegedly failing to provide requested records without a reasonable excuse and charging an unreasonable fee for the records. The respondent sent a Notice of Mediation to the applicant, indicating their intention to pursue binding arbitration if the applicant does not respond within 10 days. The lesson from this case is the importance of timely and appropriate provision of requested records, as well as the necessity for clear communication and adherence to procedural guidelines to avoid escalation of disputes in condominium corporations.
Takeaways:
The dispute revolves around a unit owner who claims that the condo corporation has refused to provide him with certain requested records and charged him an unreasonable fee for the records he did receive.
This is not the first time the unit owner has requested records from the condo corporation. He has made five previous requests since March 2021, and some of the issues related to these requests were addressed in a prior CAT case.
The Respondent, York Condominium Corporation No. 50, had previously agreed to hold their costs in abeyance, but they are now indicating that they will be forwarding a demand for costs.
In the motion submitted by the unit owner, he seeks several forms of relief, including an affirmation that the Respondent's counterclaim falls within the jurisdiction of the Condominium Authority Tribunal and an order directing the Respondent to refrain from further retaliatory actions.
Recommendations:
Efficient and Timely Provision of Requested Records: It is crucial for the Respondent, York Condominium Corporation No. 50, to ensure the prompt and complete provision of requested records to unit owners like the applicant. This includes avoiding unreasonable delays and properly addressing any concerns raised by the unit owner regarding the adequacy or redaction of the records.
Clear Communication and Adherence to Procedural Guidelines: Both parties involved in the dispute should ensure clear and effective communication throughout the proceedings. The Respondent's representative should direct communications to the self-represented party within the proper channels of the Condominium Authority Tribunal (CAT-ODR). Adhering to procedural guidelines, such as having a reasonable timeframe for response and adhering to mediation and arbitration provisions, can help prevent confusion and enhance the efficiency of the process.
Avoidance of Retaliatory Actions: It is recommended that the Respondent refrain from engaging in any further retaliatory actions towards Rob Russell while the case is ongoing. Maintaining a respectful and professional approach during the proceedings is essential to fostering constructive dialogue and reaching fair resolutions.