Dimitra Savva

The applicant condominium owner filed an application with the Condominium Authority Tribunal seeking email correspondence related to a letter sent by the respondent corporation.

The respondent argued the application should be dismissed as the requested emails related to contemplated litigation, given the applicant's repeated threats to sue the corporation for libel and slander over the letter.

The Tribunal found that the applicant was clearly contemplating litigation at the time of the records request and sought the emails to support his claims.

As records related to contemplated litigation are exempt from examination under s. 55(4)(b) of the Condominium Act, 1998, the Tribunal dismissed the application under Rule 19.1(b) for having no reasonable prospect of success.

The applicant filed an application with the Condominium Authority Tribunal regarding a request for records from the respondent condominium corporation.

The Tribunal determined that the applicant was actually seeking information about how a decision was made, rather than requesting existing records.

As the Tribunal's jurisdiction under section 55 of the Condominium Act, 1998 is limited to disputes over records and does not extend to requests for information, the application was dismissed pursuant to Rule 19.1 of the Tribunal Rules of Practice.