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Taylor v. Toronto Standard Condominium Corporation No. 2689 - 2021 ONCAT 75 - 2021-08-11

Corporation:

TTSCC 2689

Date:

2021-08-13

Summary:

The case of Taylor v. Toronto Standard Condominium Corporation No. 2689 involved a dispute over access to records. The Applicant requested records related to the decision to terminate the contract with the condominium management provider, but the Respondent failed to provide the requested records or respond to the request. The Toronto Standard Condominium Corporation No. 2689 further kept inadequate records in one regard. In this decision by the Condominium Authority Tribunal, Tribunal Member Ian Darling concluded that the Applicant was entitled to the records and that the Respondent failed to provide them without reasonable excuse. The Respondent was ordered to provide unredacted records of owners and mortgagees that comply with section 461(3) of the Condominium Act 1998.

Under:

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

Verdict:

the quick verdict/lesson from the case of Taylor v. Toronto Standard Condominium Corporation No. 2689 is that the Applicant was deemed entitled to access the requested records, and the Respondent's failure to provide them without a reasonable excuse was a violation. The case highlights the importance of transparency, adequate record-keeping, and respecting the rights of unit owners to access records in condominium governance.

Takeaways:

Access to records: The case emphasizes the importance of unit owners' right to access records related to the operations and decision-making of the condominium corporation. The Applicant was found to be entitled to the requested records, and the Respondent's failure to provide them without a reasonable excuse was deemed a violation.

Inadequate record-keeping: The tribunal noted that the Respondent had kept inadequate records, particularly in relation to the records of owners and mortgagees. The Respondent was ordered to provide an unredacted list of owners and mortgagees that complies with the requirements of the Condominium Act 1998.

Lack of cooperation: The Respondent's representative's rudeness and dismissive attitude during the proceedings were highlighted. Despite the lack of participation and cooperation from the Respondent, the hearing proceeded, emphasizing the importance of fair and transparent processes in resolving disputes.

Recommendations: 

Improve record-keeping practices: The case highlights the importance of maintaining adequate records in accordance with the requirements of the Condominium Act 1998. It is recommended that the Respondent, Toronto Standard Condominium Corporation No. 2689, review and enhance its record-keeping practices to ensure compliance with the Act. This includes maintaining accurate records of owners and mortgagees and documenting board meeting minutes and resolutions.

Promptly respond to requests for records: The case emphasizes the importance of timely and responsive communication when unit owners request access to records. It is recommended that the Respondent establish clear procedures for handling record requests, ensuring that all reasonable requests are acknowledged and justified redactions are made in accordance with the law. This will help maintain transparency and build trust between the condominium corporation and unit owners.

Encourage respectful and cooperative participation: The case highlights the negative impact of a representative's rude and dismissive behavior during the proceedings. It is recommended that all parties involved in a dispute or hearing, including representatives for condominium management providers, strive for respectful and cooperative participation. This includes adhering to professional conduct standards and engaging constructively in the process to facilitate fair and efficient resolution of disputes.

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