top of page
White Columns
< Back

Sinton v. Muskoka Vacant Land Condominium Corporation No. 81 - 2023 ONCAT 90 - 2023-07-17

Corporation:

SMVLCC 81

Date:

2023-07-17

Under:

CAT Decisions - Decision
Access to Records
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties
Records Retention

Summary:

In the case of Sinton v. Muskoka Vacant Land Condominium Corporation No. 81 (2023 ONCAT 90), the applicant sought access to various records related to the condominium corporation's operations, including as-built drawings, turnover records, and records related to a consent application. The case was complex and involved several requests for records under the Condominium Act. The key issues included the refusal to provide certain records, the adequacy of record-keeping, the entitlement to records, and potential penalties. The condominium corporation, Muskoka Vacant Land Condominium Corporation No. 81, argued that some records were the responsibility of the Declarant and were not within their possession. The decision ultimately addressed these issues, finding that certain records were not in the possession of the corporation or did not exist. The case also explored the obligations of vacant land condominium corporations under the Act.

Verdict:

Based on the information provided, the quick verdict from the case "Sinton v Muskoka Vacant Land Condominium Corporation No 81" is that the Condominium Authority Tribunal found in favor of the applicant regarding the production of certain records requested from the condominium corporation. The tribunal awarded costs to the applicant for tribunal fees but did not make an award for legal costs or a penalty. The lesson from this case is that owners have the right to request and access certain records from their condominium corporation, and they can seek remedies through the Condominium Authority Tribunal if the corporation refuses to provide the requested records.


Takeaways:

here are three key takeaways from the case "Sinton v Muskoka Vacant Land Condominium Corporation No 81" as found on the website:

Requested Records: The Applicant sought various records from the Respondent including as-built drawings, turnover records, and an unredacted consent application made to the Town of Huntsville. The case involved multiple requests for records and their adequacy.

Tribunal Decision: The decision was made by Member Anne Gottlieb of the Condominium Authority Tribunal. The decision type was categorized as "Access to Records," "Adequacy of Records," "Entitlement to Records," "Fees Costs Penalties," "Records Retention," and "Law Order under section 144 of the Condominium Act 1998." The decision was rendered on July 17, 2023.

Remedies and Costs: The Tribunal awarded costs to the appicant for tribunal fees filed for both cases, totaling 275 units. However, the Tribunal did not make an award respecting legal costs or a penalty to the applicant. The decision included considerations about the adequacy of records, refusal to provide certain records, and other appropriate remedies in the case.

Recommendations: 

Compliance with Record Access Requests: It appears that the applicant, John Sinton, requested various records from Muskoka Vacant Land Condominium Corporation No 81. If the tribunal determines that MVLLC No 81 refused to provide certain records without a reasonable excuse, it is recommended that MVLLC No 81 comply with the tribunal's decision and fulfill the applicant's request for the relevant records.

Improvement of Record-Keeping Practices: If the tribunal finds that MVLLC No 81 did not maintain adequate records as required by section 551 of the Condominium Act, it is recommended that MVLLC No 81 take steps to improve its record-keeping practices. This may involve implementing clear guidelines, utilizing appropriate record management systems, and ensuring the completeness and accuracy of records for the benefit of unit owners and compliance with regulatory requirements.

Consideration of Appropriate Remedies: The tribunal will likely consider other appropriate remedies in the case. It is recommended that MVLLC No 81 cooperate fully with the tribunal in determining these remedies and comply with any orders or decisions made.

Legal Representation: As the case seems complex and involves legal matters, it is advisable for both parties, MVLLC No 81 and John Sinton, to seek legal representation. Legal professionals can provide guidance, advice, and representation throughout the proceedings to ensure the best possible outcome.

bottom of page