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Steenkamp v. York Condominium Corporation No. 279 - 2021 ONCAT 49 - 2021-06-08

Corporation:

SYCC 279

Date:

2021-06-08

Under:

CAT Decisions - Decision
Access to Records
Entitlement to Records

Summary:

The case Steenkamp v York Condominium Corporation No 279 involves a dispute regarding the applicant's request for records from the respondent condominium corporation. The applicant claimed that he did not receive all the requested records and sought an order from the Condominium Authority Tribunal to compel the respondent to provide them. The respondent argued against providing the records and opposed penalties and costs. The tribunal ruled that the applicant was not entitled to the requested records and denied his request for penalties and costs.

Verdict:

the quick verdict/lesson from the case Steenkamp v York Condominium Corporation No 279 is that the applicant was not entitled to the requested records by the condominium corporation, and his request for penalties and costs was denied. The lesson here is the importance of understanding the legal obligations and limitations regarding access to records in condominium disputes, as well as the need to demonstrate a valid purpose for requesting records and to be aware of any applicable by-laws or regulations governing the confidentiality of records.

Takeaways:

Access to Records: The applicant requested records from the respondent, the condominium corporation, but the tribunal determined that he was not entitled to the records he had requested. This highlights the importance of understanding the legal obligations and limitations regarding access to records in condominium disputes.

Confidentiality of Records: The respondent argued that certain records, specifically minutes of disciplinary panel meetings, were confidential and not subject to disclosure. The case emphasizes the need to consider any applicable by-laws or regulations that govern the confidentiality of records in a condominium setting.

Purpose of Access Request: The respondent also claimed that the applicant's request for the records was for an improper purpose, specifically to pursue his allegations against members of the board. This highlights the importance of demonstrating a legitimate and valid reason for requesting records in a condominium dispute.

Recommendations: 

Understand the Obligations: When requesting records in a condominium dispute, it is crucial to have a clear understanding of the legal obligations and limitations surrounding access to those records. Familiarize yourself with the relevant laws and regulations governing access to records in condominium settings, such as the Condominium Act 1998.

Comply with By-Laws: Be aware of any condominium by-laws that may govern the confidentiality of records. In this case, the respondent argued that certain records were confidential based on their by-law. It is important to respect and comply with any applicable by-laws to avoid disputes and complications.

Establish a Legitimate Purpose: When requesting records, ensure that you establish a legitimate and valid purpose for the request. In this case, the respondent claimed that the applicant had an improper purpose for requesting the records, which resulted in his request being denied. Clearly articulate the reasons for the request and demonstrate that it aligns with the purposes defined in the Condominium Act.

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