Dianne Grant

The applicant, a condominium unit owner, requested various core records from the respondent condominium corporation.

The respondent failed to provide the records and did not participate in the Condominium Authority Tribunal hearing, citing an unrelated dispute over a fire incident as its reason for withholding the documents.

The Tribunal found the applicant was entitled to the records and that the respondent had no reasonable excuse for its refusal.

The Tribunal ordered the respondent to provide the records, pay a $4,000 penalty for its unacceptable conduct, and reimburse the applicant's $200 filing fee.

The applicant filed an application with the Condominium Authority Tribunal which proceeded to mediation but did not settle.

The applicant requested a transfer to Stage 3 Adjudication but missed the deadline to pay the required fee, leading to a Notice of Intent to Dismiss.

The applicant submitted that the delay was due to health issues and communication delays, and provided proof that her representative was authorized to act on her behalf.

The Tribunal found the representative was properly authorized and denied the motion to dismiss, allowing the application to proceed to Stage 3.