Can A Records Request Be Made For An Improper Purpose And/Or An Abuse Of Process? A Recent CAT Decision Weighs In

The recent decision from the Condominium Authority Tribunal (CAT) in Gale v Halton Condominium Corporation No. 61 deals with the issue of whether board meeting minutes are “adequate” in accordance with section 55(1)2 of the Condominium Act. The CAT held that the Board Minutes provided by Halton Condominium Corporation No. 61 were “adequate.” Additionally, the decision addressed whether an owner's request for records was made for an improper purpose and/or was a vexatious abuse of process. The Tribunal concluded that the owner did not have proper reasons for his records request, and ordered the owner to pay $2000 in costs to HCC 61. The decision serves as a reminder that the CAT may use tools such as restricting access to the CAT or a substantive cost award to address the conduct of such owners who use the records request mechanism for other ulterior motives.