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Zamfir v. York Condominium Corporation No. 238 - 2021 ONCAT 118 - 2021-12-13

Corporation:

ZYCC 238

Date:

2021-12-13

Under:

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

Summary:

In the case of Zamfir v York Condominium Corporation No 238, the applicant requested two sets of records from the respondent's board meeting. The respondent failed to provide the requested records or respond to the request. The applicant filed an application with the Condominium Authority Tribunal (CAT) for the records and request for costs. The CAT member, Nicole Aylwin, determined that the applicant is entitled to obtain copies of the minutes requested that redactions are to be applied to parts of the minutes relating to solicitor-client privilege, and that fees for the labor associated with production are reasonable. The CAT member rejected the request for a penalty against the respondent, stating that the failure to provide the documents was due to administrative oversight.

Verdict:

The Condominium Authority Tribunal (CAT) member, Nicole Aylwin, determined that the applicant is entitled to receive copies of the board meeting minutes from January 2018 to December 2020. However, there may be redactions related to solicitor-client privilege in parts of the minutes. This case highlights the importance of transparency and the right of condo owners to access relevant records, with the exception of privileged information.

Takeaways:

The applicant requested two sets of records from the respondent, York Condominium Corporation No 238 (YCC 238), but did not receive a response or the requested records.

The Condominium Authority Tribunal (CAT) member, Nicole Aylwin, determined that the applicant is entitled to obtain copies of the board meeting minutes requested from January 2018 to December 2020. However, redactions related to solicitor-client privilege are to be applied to parts of the minutes.

YCC 238 acknowledged receiving the request but was unable to verify if a response was sent. They argued that the applicantis entitled to the minutes requested, including discussions about his unit, but asserted the right to redact sections relating to legal matters or opinions.

Recommendations: 

Clear communication: It is important for condominium corporations to have a clear and efficient system for acknowledging and responding to requests for records from unit owners. This ensures that owners are aware that their requests have been received and allows for timely delivery of the requested records.

Consistent application of redaction rules: Condominium corporations should establish clear guidelines for redacting parts of meeting minutes. These guidelines should consider the applicable laws and regulations, such as solicitor-client privilege, and ensure that any redactions are consistent and properly justified.

Training on record keeping and access: It is crucial for condominium board members and personnel to receive adequate training on record keeping and access. This includes understanding the rights of unit owners to access relevant records and the potential limitations or exceptions, such as solicitor-client privilege. By being well-informed, condo boards can ensure compliance with the law and a smooth process for responding to access requests.

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