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Yeung v. Metropolitan Toronto Condominium Corporation No. 1136 - 2020 ONCAT 45 - 2020-12-17
Corporation:
YMTCC 1136
Date:
2020-12-18
Summary:
In the case of Yeung v. Metropolitan Toronto Condominium Corporation No. 1136, the Tribunal addressed two applications filed by the Applicant related to issues with condominium records. Case 2020-00359R was dismissed as the Applicant had already obtained the records requested, and there was no basis for the requested penalty. In Case 2020-00351R, the Applicant asserted that Periodic Information Certificates (PICs) were inaccurate and sought a penalty. Although the Tribunal had jurisdiction to decide the case, it concluded that the Applicant was using the Tribunal for an improper purpose, and the case was dismissed. The Respondent had requested that the Applicant be required to obtain permission from the Tribunal before filing future applications, which the Tribunal granted due to a pattern of vexatious conduct.
Under:
CAT Decisions - Dismissal Order
Adequacy of Records
Fees, Costs, Penalties
Verdict:
In the case of Yeung v. Metropolitan Toronto Condominium Corporation No. 1136, the tribunal dismissed two applications regarding condominium records and ruled that the applicant had been using the tribunal process for an improper purpose, leading to a pattern of vexatious applications. As a result, the tribunal ordered that the applicant must obtain permission from the tribunal before filing any new applications.
Takeaways:
The case involved a dispute between an owner and Metropolitan Toronto Condominium Corporation No. 1136, regarding access to condominium records and the imposition of penalties.
The Tribunal decided to dismiss both of the applicant's applications. The first application was dismissed because the requested records were provided, and there was no refusal to provide access. The second application was dismissed because it was deemed to be an improper use of the Tribunal to exert control over the management of the corporation.
The Tribunal considered the possibility of categorizing these applications as vexatious, which could have resulted in requiring Yeung to obtain permission from the Tribunal before filing future applications. The Tribunal ultimately found a pattern of conduct consistent with vexatious applications and granted the Respondent's motion for such a requirement.
The case highlights the importance of using the Tribunal for legitimate purposes, such as accessing records, rather than attempting to influence how a condominium corporation is managed through repeated, minor disputes.
The decision emphasizes that owners should use the democratic tools available to them under the Condominium Act to address concerns about the management of the corporation rather than repeatedly filing applications with the Tribunal.
Recommendations:
Legal Advice and Guidance: It is clear from the decision that the Applicant, Kai Sin Yeung, has been repeatedly filing applications with the Condominium Authority Tribunal, some of which were deemed vexatious. To avoid further legal complications and to address their concerns more effectively, it is advisable for the applicant to seek legal advice or guidance. Consulting with an attorney or paralegal experienced in condominium law could help him better understand his rights and the appropriate legal avenues to address his concerns without making vexatious applications.
Alternative Dispute Resolution: To prevent unnecessary legal disputes and expenses, both the Applicant and the Respondent (Metropolitan Toronto Condominium Corporation No. 1136) could consider alternative dispute resolution mechanisms. Mediation or negotiation, for example, could provide a platform for the parties to discuss and resolve their issues without resorting to litigation. It's essential for both parties to work together to maintain a harmonious condominium community.
Education and Communication: The condominium corporation could focus on enhancing communication and education within the community. This includes regular updates to owners on the corporation's financial and operational matters. Moreover, educating unit owners about their rights and the condominium's legal obligations can help prevent disputes and the filing of unnecessary applications. Promoting transparency and cooperation can reduce the likelihood of conflicts and legal action in the future.