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Syed Razi Haider Naqvi v Peel Condominium Corporation No. 389 - 2020 ONCAT 11 - 2020-04-29
Corporation:
SRHNPCC 389
Date:
2020-04-29
Summary:
In the case of Syed Razi Haider Naqvi v. Peel Condominium Corporation No. 389, the applicant requested an electronic copy of the Record of Owners and Mortgagees. However, the respondent refused to provide the requested record based on the applicant's history of sharing private information on social media. The applicant argued that he was entitled to the record, while the respondent claimed they were acting in accordance with the Personal Information and Protection of Electronic Documents Act (PIPEDA). The Condominium Authority Tribunal determined that the applicant was indeed entitled to the record and found the respondent's refusal without a reasonable excuse. The tribunal assessed a penalty of $500 and awarded the applicant costs of $200.
Under:
CAT Decisions - Decision
Entitlement to Records
Fees, Costs, Penalties
Verdict:
the quick verdict from the case of Syed Razi Haider Naqvi v. Peel Condominium Corporation No. 389 is that the applicant was entitled to receive the Record of Owners and Mortgagees. The respondent's refusal to provide the record without a reasonable excuse resulted in a penalty of $500 being assessed against them, and the applicant was awarded costs of $200. This case highlights the importance of complying with privacy laws and the consequences of unjustifiably withholding requested information in accordance with the Condominium Act, 1998.
Takeaways:
The applicant requested an electronic copy of the Record of Owners and Mortgagees from the respondent, Peel Condominium Corporation No. 389. The respondent refused to provide the record, citing the applicant's history of sharing private information on social media.
The Condominium Authority Tribunal determined that the applicant was entitled to the record as per the provisions of the Condominium Act, 1998. They found that the respondent's refusal to provide the record was without a reasonable excuse.
The tribunal assessed a penalty of $500 against the respondent for their refusal to provide the record. Additionally, the applicant was awarded costs of $200.
Recommendations:
Comply with privacy laws: Condominium corporations should ensure that they are complying with privacy laws, such as the Personal Information and Protection of Electronic Documents Act (PIPEDA), when handling and disclosing personal information of owners and residents. This includes understanding the scope of legal exemptions and requirements for disclosure.
Maintain adequate record-keeping: Condominium corporations should ensure that they are maintaining adequate records, as required by the Condominium Act, 1998. This includes keeping a record of owners and mortgagees, including their unit numbers, names, and addresses for service in Ontario.
Respond to requests for records: When owners or authorized agents make requests to examine or obtain copies of records, condominium corporations should respond promptly and provide the requested information unless there is a reasonable excuse not to do so. Refusing to provide records without a reasonable excuse may result in penalties assessed by the tribunal. Therefore, responding to and fulfilling these requests in a timely manner is recommended.