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Samuel v. Metropolitan Toronto Condominium Corporation No. 979

Corporation:

Date:

2025-02-20

Summary:

In this case, an owner sought access to records of a condominium corporation, but the corporation refused citing privacy concerns. The Condominium Authority Tribunal (CAT) ruled in favor of the owner, asserting that they have the right to access records under the Condominium Act, 1998.

Under:

Records, Privacy

Verdict:

The Condominium Authority Tribunal ruled in favor of the owner, emphasizing the importance of owner's right to access records under the Condominium Act, 1998. This case underscores that privacy concerns should not be used as a blanket excuse to refuse access to records.

Takeaways:

- Condominium owners have a legal right to access certain records of the corporation under the Condominium Act, 1998.
- Privacy concerns of other owners or residents cannot be used as a blanket reason to deny an owner's request to access records.
- The Tribunal can order the disclosure of records if they deem it necessary and appropriate, regardless of the corporation's initial refusal.

Recommendations: 

- Condominium corporations should be aware of the rights of owners to access records under the Condominium Act, 1998.
- They should not use privacy concerns as a broad reason to deny access to these records.
- In case of a dispute, they should seek legal advice to ensure compliance with the law and balance the rights of all parties involved.

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