CONDOMINIUM AUTHORITY TRIBUNAL
DATE: August 9, 2023
CASE: 2023-00090R
Order under Rule 4 of the Condominium Authority of Ontario’s Rules of Practice.
Member: Marc Bhalla, Member
The Applicant: Merise Gingras, Self-Represented
The Respondent: Toronto Standard Condominium Corporation No. 2423, Represented by Liron Daniels, Agent
Submission Dates: July 28 to August 4, 2023
MOTION ORDER
1This case was filed about a Request for Records made to the Respondent by the Applicant on December 30, 2022. The Applicant asked for all core records set out in the request form. The issues to be addressed at a hearing are:
Has the Respondent provided the requested records?
Has the Respondent refused to provide the requested records without a reasonable excuse? If not, should the CAT impose a penalty?
Should the CAT award any other costs?
2The Applicant made another Request for Records on June 7, 2023 for the same records of the Respondent - to update the currency of them. The Applicant wants to include the June 7th request within the records at issue in this case.
3As the Respondent expressed a preference for written submissions, both parties were given the chance to make submissions in writing about the records to be considered in this case.
4The Applicant made submissions. The Respondent did not.
5The records requested by the Applicant are the same types of records in both requests. The June 7th request was made for the records sought to be more current.
6In the absence of submissions from the Respondent, I find that granting the request will allow for the most efficient process. We will deal with both records requests within the issues of this case.
ORDER
7The motion is granted. Records requested by the Applicant on June 7, 2023 are to be included within the issues of this case.
Marc Bhalla
Member, Condominium Authority Tribunal
Released on: August 9, 2023