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Sharma v. Toronto Standard Condominium Corporation No. 2510 - 2023 ONCAT 39 - 2023-03-15


STSCC 2510




In the case of Sharma v Toronto Standard Condominium Corporation No. 2510, the applicant, who is a unit owner and director of the condominium corporation, filed an application with the Condominium Authority Tribunal (CAT) seeking access to records in order to fulfill their duties under section 37 of the Condominium Act. The respondent, Toronto Standard Condominium Corporation No. 2510, provided a response indicating that certain records were not provided as they were not entitled under the Act and that a fee would be charged for providing access to some records. The CAT determined that it does not have jurisdiction to decide the dispute as the application made by a director seeking access to records to fulfill their duties falls outside the scope of the Tribunal's jurisdiction. The CAT dismissed the application and no costs were awarded.


CAT Decisions - Dismissal Order
Access to Records
Entitlement to Records
Fees, Costs, Penalties


The applicant, who is both a unit owner and a director of a condominium corporation, sought access to extensive records to fulfill his duties as a director. However, the tribunal dismissed the application, ruling that it lacked jurisdiction in the matter since the applicant's request primarily related to his duties as a director and not solely his interests as a unit owner, and therefore, the applicant's legal recourse should be pursued elsewhere.


In the case of Sharma v. Toronto Standard Condominium Corporation No. 2510, decided on March 15, 2023, several key points and takeaways can be highlighted:

1. Jurisdictional Issue: The case revolved around a jurisdictional issue, with the Tribunal questioning whether it had the authority to hear the dispute. The Applicant, a director of the condominium corporation, sought access to records to fulfill his duties under section 37 of the Condominium Act, 1998, but the Tribunal found that its jurisdiction is limited to unit owners seeking access to records solely related to their interests as unit owners.

2. Director's Request for Records: The Applicant, despite initially asserting that he was proceeding as a unit owner, continued to request records primarily in his capacity as a director. The Tribunal found that his application was aimed at fulfilling his duties as a director, not solely as a unit owner.

3. Dispute Context: The case revealed a history of acrimony and disputes between the Applicant and the condominium corporation, indicating a larger context of discord between the parties.

4. Dismissal and No Costs Awarded: Ultimately, the Tribunal dismissed the application on the grounds of lack of jurisdiction. The Applicant's request for costs was also denied, as he failed to demonstrate entitlement to costs, and the Respondent's request for costs was similarly denied due to the self-represented nature of the Applicant and the jurisdictional issue not being raised earlier in the proceedings.

5. Clear Jurisdictional Boundaries: The case underscores the importance of understanding the jurisdictional boundaries of a tribunal and the need to clearly define the nature of an application, especially when the roles of an applicant overlap (e.g., director and unit owner).

The decision clarifies that the Tribunal's jurisdiction is limited to specific types of disputes under the Condominium Act and Regulation, and this may guide future cases involving access to records in condominium corporations.


Clarity on Jurisdiction: It's crucial for all parties involved to understand the jurisdiction of the Condominium Authority Tribunal (CAT) and the types of disputes it can hear. To avoid disputes like the one in this case, the CAT should clearly communicate its jurisdictional limitations to potential applicants.

Consult Legal Counsel: When dealing with complex legal matters, especially disputes involving condominium rules and regulations, it's advisable for parties to seek legal advice early in the process. Legal professionals can provide guidance on the jurisdictional aspects and the best course of action.

Clearly Defined Roles: Condominium directors should have a clear understanding of their roles and responsibilities under the Condominium Act. This includes understanding their rights and limitations regarding access to records. This clarity can help prevent disputes related to their duties.

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