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Skoczylas v. Peel Standard Condominium Corporation No. 954 - 2024 ONCAT 31 - 2024-03-04

Corporation:

SPSCC 954

Date:

Mon Mar 04 2024 05:00:00 GMT+0000 (Coordinated Universal Time)

Under:

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

Summary:

In Skoczylas v. Peel Standard Condominium Corporation No. 954, the Applicant filed an application against the Respondent regarding a request for records. The Applicant received the core records but not the non-core records. However, the request for non-core records was deemed unreasonable, resembling a "fishing expedition" as it lacked specificity and focused on potentially disparaging information rather than a specific issue. Consequently, the application was dismissed under Rule 19.1 of the Tribunal's Rules of Practice. Additionally, the Respondent was awarded costs of $4,000 due to the Applicant's conduct in pursuing the overly broad request.

Verdict:

Requests for records should be specific and relevant, focusing on particular issues rather than casting a wide net. Failure to do so may lead to dismissal of the application and an award of costs against the applicant.

Takeaways:

Specificity in requests: Requests for records should be specific and relevant to avoid being deemed unreasonable or resembling a "fishing expedition."
Tribunal's jurisdiction: The Tribunal's jurisdiction is limited to certain matters, and issues outside its purview will not be entertained.
Costs: The Tribunal may award costs if a party's conduct is deemed unreasonable, leading to unnecessary expenses for the other party.

Recommendations: 

Clarity in requests: Ensure that requests for records are specific, relevant, and connected to particular issues or concerns.
Compliance with Tribunal's jurisdiction: Understand the Tribunal's jurisdictional boundaries and refrain from raising issues outside its purview.
Consideration of costs: Parties should consider the potential financial implications of their conduct during proceedings, as the Tribunal may award costs against them if their behavior is deemed unreasonable.




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