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Russell v. York Condominium Corporation No. 50 - 2023 ONCAT 82 - 2023-06-19

Corporation:

RYCC 50

Date:

2023-06-19

Under:

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

Summary:

It involves a dispute between the applicant and the respondent. The issues in dispute include access to records, adequacy of records, entitlement to records, fees, costs, and penalties. The hearing took place from November 22, 2022, to May 24, 2023, through written online proceedings. The decision, dated June 19, 2023, was made by Member Nicole Aylwin of the Condominium Authority Tribunal.

Verdict:

it appears that the quick verdict in the case "Russell v. York Condominium Corporation No. 50" is that the respondent, York Condominium Corporation No. 50, refused to provide some records to the applicant without a reasonable excuse. The lesson to glean from this case is the importance of properly providing requested records in accordance with the Condominium Act, including appropriate redactions and reasonable fees, to avoid potential penalties and reimbursement obligations.

Takeaways:

"Russell v. York Condominium Corporation No. 50," here are three key takeaways:

Records Requests and Adequacy: The applicant made multiple requests for records to the respondent, York Condominium Corporation No. 50 (YCC 50), alleging that the records provided were incomplete, not in accordance with the Condominium Act, and had excessive fees charged. The tribunal found that while YCC 50 was keeping adequate records in some instances, there were instances where records were refused without a reasonable excuse, redactions were not in line with the Act, and excessive fees were charged for redacting records.

Repeated Requests for Records: The tribunal considered whether the applicant's repeated requests for records exceeded his rights under the Act. Although the applicant had made multiple requests, the tribunal did not find his actions to exceed his rights.

Penalties and Costs: The tribunal ordered YCC 50 to reimburse the applicant for incorrect charges, pay a penalty, and cover the applicant's tribunal filing fees. However, no additional costs were awarded in this case.

Recommendations: 

For Condominium Corporations:Take care to comply with all requirements of the Condominium Act, 1998 and Ontario Regulation 48/01 when responding to unit owner requests for records. This includes providing records in a reasonable time frame, ensuring that all records are complete and accurate, and charging only appropriate fees for redaction, copying or retrieval of records.

For Unit Owners: Be clear and specific in your requests for records, as doing so can help avoid confusion and delay. Remain polite and professional in your interactions with the condominium corporation, and try to avoid making repeated or overlapping requests for the same records.

For Adjudicators: Be aware of the history and context of any disputes between parties, and try to limit the discussion to matters directly related to the current dispute. Consider seeking clarification from parties before the hearing to better understand the issues at hand, and clearly communicate the issues under consideration before the hearing.

For Parties: Try to remain focused on the issues at hand, and avoid bringing up or re-litigating issues that have already been decided. Be honest and respectful in interactions with the other party and the tribunal, and provide clear and relevant evidence to support your position.

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