top of page
White Columns
< Back

Schwartz v. Toronto Standard Condominium Corporation No. 1443 - 2024 ONCAT 39 - 2024-03-13

Corporation:

STSCC 1443

Date:

Wed Mar 13 2024 04:00:00 GMT+0000 (Coordinated Universal Time)

Summary:

A unit owner filed a request for records from Toronto Standard Condominium Corporation No. 1443 (TSCC 1443). While some records were provided, disputes arose over the adequacy of the records and the fees charged. The Tribunal found that TSCC 1443 provided adequate records but adjusted the fee charged for producing the records.

Under:

CAT Decisions - Decision
Adequacy of Records
Fees, Costs, Penalties

Verdict:

In this case, TSCC 1443 provided adequate records, and while they were entitled to charge fees, the Tribunal adjusted the fees to reflect a more reasonable estimate of the actual labor required. This emphasizes the importance of fairness and reasonableness in setting fees for record production.

Takeaways:

Adequacy of records is assessed based on whether they allow the reader to understand the issues discussed and decisions made.
Meeting minutes need not be verbatim but should provide sufficient detail to comprehend the proceedings.
Discrepancies in dates or minor inconsistencies may not necessarily render a record inadequate.
Condominium corporations are entitled to charge fees for producing records, but the fees should be reasonable and reflect the actual labor costs incurred.
The Tribunal may adjust fees if it finds the originally proposed fees to be unreasonable.

Recommendations: 

Condominium corporations and unit owners should ensure transparency and fairness in record-keeping and requests. When charging fees for record production, corporations should provide a reasonable estimate of labor costs, and unit owners should be aware of their rights to challenge unreasonable fees through avenues such as the Condominium Authority Tribunal.

bottom of page