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Tahseen v Metropolitan Toronto Condominium Corporation No. 818 - 2020 ONCAT 22 - 2020-06-24

Corporation:

TMTCC 818

Date:

2020-06-24

Under:

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

Summary:

the tribunal found that the Applicant was entitled to most of the requested records from Metropolitan Toronto Condominium Corporation No 818, specifically the Record of Owners and Mortgagees, the Owners List, and copies of 46 proxies used at the Respondent’s 2019 Annual General Meeting. The tribunal also found that the Respondent was not entitled to withhold the AGM Attendance List from the Applicant. The Respondent was required to provide the requested records to the Applicant and charge a reasonable fee to cover redaction costs incurred. The tribunal awarded the Applicant a penalty and costs for the Respondent's refusal to provide the Owners List and the AGM Attendance List. The decision reiterates the importance of prompt and reasonable response to requests for records and that payment of fees should be reasonable and only for actual costs.

Verdict:

the quick verdict and lesson from the case of Tahseen v. Metropolitan Toronto Condominium Corporation No 818 can be summarized as follows: The tribunal ruled that the applicant was entitled to the requested records and clarified that condominium owners have rights to access relevant records. The importance of prompt and reasonable response in fulfilling record requests was highlighted, along with the need for respectful communication between parties. Additionally, reasonable fees and disclosure of redaction costs were emphasized, indicating that fees should reflect actual costs and additional charges for redaction may be permissible within specified limits.

Takeaways:

Entitlement to Records: The tribunal ruled that the applicant was entitled to the requested records, including the Record of Owners and Mortgagees, the Owners List, and copies of the proxies used at the Respondent's Annual General Meeting. This decision reinforces the rights of condominium owners to access relevant records.

Reasonable Fees: The tribunal emphasized the importance of reasonable fees in accessing records. The Respondent was required to provide the records to the Applicant and charge a reasonable fee to cover redaction costs incurred. It was clarified that fees should be reasonable and only reflect actual costs.

Prompt Response: The decision highlights the importance of prompt and reasonable response to requests for records. The Respondent's refusal to provide the Owners List and the AGM Attendance List resulted in penalties and costs being awarded to the Applicant.

Redaction Costs: If redaction costs exceed the estimated amount, the Respondent may charge an additional fee, up to a certain limit, after providing the records to the Applicant.

Importance of Communication: The case demonstrates the need for respectful and timely communication between parties involved in a dispute. Despite the challenges posed by the COVID-19 pandemic, both parties demonstrated active and responsive participation throughout the hearing process.

Recommendations: 

Prompt Compliance with Record Requests: Condominium corporations should promptly comply with record requests from unit owners, as long as they fall within the scope of entitlement under the Condominium Act. Delays or refusals to provide requested records may result in penalties and additional costs for the corporation.

Reasonable Fee Estimation: When providing requested records, condominium corporations should provide a reasonable estimation of the fees to be charged for access. It is important for the estimated fees to reflect the actual costs associated with providing the records, ensuring transparency and fairness.

Clear Communication on Records Availability: Condominium corporations should clearly communicate to unit owners what records they are entitled to access and any limitations or conditions that apply. It is essential for both parties to have a clear understanding of their rights and responsibilities under the Condominium Act to facilitate a smooth and cooperative process

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