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Wang v. Carleton Condominium Corporation No. 95 - 2023 ONCAT 25 - 2023-02-15

Corporation:

WCC 95

Date:

2023-02-15

Under:

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

Summary:

In Wang v. Carleton Condominium Corporation No 95, the applicant sought records related to a toilet leak in their unit and a chargeback decision made by the condominium corporation. The applicant requested various documents, including photos, communications, meeting minutes, and explanations regarding the damage claimed by other units. The tribunal found that the respondent had already provided all the records it possessed related to the leak, and the applicant failed to prove that the respondent had withheld any required records. Therefore, the tribunal dismissed the case, stating that there were no grounds to award a penalty since the respondent had not refused to provide any record without reasonable excuse. The decision was released on February 15, 2023, by Marc Bhalla, a member of the Condominium Authority Tribunal.

Verdict:

Quick Verdict/Lesson:

In disputes related to record access within condominium matters, it is crucial to recognize that the burden of proof lies squarely with the applicant. The applicant must not only establish the existence of additional records but also provide evidence demonstrating that the respondent unjustly refused to provide those records. This case emphasizes the importance of clarifying the necessity of specific records and substantiating any claims of refusal for a favorable outcome.

Takeaways:

Takeaways:

This case centers around a dispute within a condominium setting, specifically related to the accessibility of records regarding a chargeback for damages arising from a toilet leak in one of the units.

The applicant sought various records to gain a better understanding of the chargeback decision and the rationale behind it. These records were essential for determining the legitimacy of the chargeback and its connection to the toilet leak.

Despite the applicant'd quest for additional records, the tribunal ruled in favor of the respondent, Carleton Condominium Corporation No. 95, represented by Anna Iordanidi. The decision was based on the inability of the applicant to provide sufficient proof that further records existed or that the respondent unreasonably refused to provide them.

This case underscores the critical principle that in disputes related to record access in condominium matters, the onus is on the applicant to demonstrate not only the existence of additional records but also the respondent's unreasonable refusal to furnish them.

Recommendations: 

Recommendations:

Parties involved in condominium disputes should meticulously specify the records they seek, ensuring their direct relevance to the issues at hand. Clarity in record requests is essential to avoid any ambiguity in the future.

When requesting records, it is vital to provide evidence or articulate the reasons for the necessity of those records clearly. This not only helps to establish the relevance of the records but also aids in the assessment of whether any refusal is reasonable.

Condominium corporations should maintain clear and organized record-keeping practices to facilitate the timely and accurate provision of records when requested. Effective record management helps prevent disputes over record availability and accessibility.

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