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Salpi Bechlian v Toronto Standard Condominium Corporation No. 2418 - 2018 ONCAT 8 - 2018-08-02
Corporation:
SBTSCC 2418
Date:
2018-08-02
Summary:
In the case of Salpi Bechlian v Toronto Standard Condominium Corporation No 2418, the Condominium Authority Tribunal ruled in favor of the applicant. The dispute centered around the applicant's request for a copy of an incident report she had made with the condominium corporation. While she was permitted to examine the unredacted report, the corporation refused to provide her with a copy. The tribunal determined that the incident report, redacted to protect the privacy of other residents, should be provided to the applicant. The corporation's arguments claiming that the dispute fell outside the jurisdiction of the tribunal and that statutory exceptions applied were dismissed. No monetary penalty was ordered against the corporation.
Under:
CAT Decisions - Decision
Entitlement to Records
Fees, Costs, Penalties
Verdict:
In the case of Salpi Bechlian v Toronto Standard Condominium Corporation No 2418, the Condominium Authority Tribunal ruled in favor of the applicant, stating that she should be provided with a redacted copy of the incident report she requested. The tribunal dismissed the corporation's arguments claiming lack of jurisdiction and statutory exceptions. This case highlights the importance of transparency and access to records in condominium disputes.
Takeaways:
The applicant, Ms. Bechlian, requested a copy of an incident report she had made with the condominium corporation. Although she was allowed to examine the unredacted report, the corporation refused to provide her with a copy.
The Condominium Authority Tribunal ruled in favor of the applicant, stating that the redacted incident report should be provided to her. The tribunal dismissed the corporation's arguments claiming that the dispute fell outside the jurisdiction of the tribunal and that statutory exceptions applied.
The tribunal did not order a monetary penalty against the corporation.
Recommendations:
Enhance transparency and communication: Condominium corporations should strive to improve their communication with unit owners and provide better access to records, such as incident reports, when requested. Clear and open lines of communication can help prevent misunderstandings and disputes between unit owners and the corporation.
Develop clear policies on record access: It is recommended that condominium corporations establish clear policies and procedures regarding the access and provision of records to unit owners. This can help ensure consistency and fairness in handling requests for records, including incident reports, while also considering any legal obligations or exceptions that may apply.
Comply with legal requirements: Condominium corporations should familiarize themselves with the relevant legislation, in this case, the Condominium Act 1998, and ensure they comply with their obligations. This includes providing access to records as required by law, unless specific exceptions apply. Seeking legal advice and guidance when handling record requests can help ensure compliance and avoid unnecessary disputes.