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Shayan Zahedi v Toronto Standard Condominium Corporation No. 2503 - 2020 ONCAT 5 - 2020-02-27

Corporation:

SZTSCC 2503

Date:

2020-02-27

Under:

CAT Decisions - Decision
Entitlement to Records
Fees, Costs, Penalties

Summary:

In the case of Shayan Zahedi v. Toronto Standard Condominium Corporation No. 2503, decided on February 27, 2020, the applicant sought records related to a flood in their condominium unit. The respondent initially refused to provide these records, leading to a dispute. The tribunal ordered that the respondent provide the requested records. Subsequently, the respondent did provide the records, but it was determined that they failed to do so without a reasonable excuse. Therefore, a penalty of $500 was imposed on the respondent for their failure to provide the records promptly and without a valid reason. Additionally, the respondent was ordered to pay $150 in costs to the applicant, covering the fees associated with filing the case with the tribunal. This case emphasizes the importance of promptly providing requested records in accordance with condominium regulations.

Verdict:

In the case of Shayan Zahedi v. Toronto Standard Condominium Corporation No. 2503, the tribunal ruled that the applicant was entitled to receive requested records related to a flood in their condominium unit. The respondent was ordered to pay a $500 penalty for failing to provide these records without a reasonable excuse, and $150 in costs to the applicant. This case highlights the importance of promptly providing requested records in compliance with condominium regulations and fulfilling obligations under the Condominium Act, 1998, and that penalties may be imposed for non-compliance.




Takeaways:

Entitlement to Records: The case revolved around an applicant seeking condominium records related to a flood in their unit. The tribunal determined that the applicant was entitled to these records as they pertained to air quality testing and quotations for repair work following the flood.

Penalty for Non-Compliance: The respondent initially refused to provide the requested records, leading to a penalty. The tribunal imposed a $500 penalty on the respondent for their failure to provide the records without a reasonable excuse.

Costs Awarded: The applicant was awarded $150 in costs, covering the fees associated with bringing the case to the tribunal.

Importance of Timely Compliance: The case underscores the importance of promptly providing requested records in compliance with condominium regulations and fulfilling obligations under the Condominium Act, 1998.

Resolution through Tribunal: The parties in the case aimed to use the tribunal as a platform to address damage arising from the flood and related repairs, highlighting the role of the condominium tribunal in dispute resolution within the condominium community.

Recommendations: 

Compliance with Record Requests: Condominium corporations and their management should ensure they comply with record requests from unit owners promptly, especially when those records are related to essential matters like property damage and repairs, to avoid unnecessary penalties and costs.

Effective Communication: Parties involved in condominium disputes should communicate effectively and transparently to resolve issues efficiently. In this case, delays and misunderstandings could have been mitigated through better communication.

Participation in Tribunal Proceedings: All parties involved in condominium disputes should actively participate in the various stages of tribunal proceedings. In this case, the respondent's lack of participation in earlier stages resulted in unnecessary delays and costs. Active engagement in the process can lead to quicker resolutions.




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