Fatima Viera

The Applicant filed a case with the Condominium Authority Tribunal seeking condominium records.

The Tribunal dismissed the case without a hearing after finding it was vexatious, given the Applicant's prior designation as a vexatious litigant by the Superior Court.

The Respondent sought costs of over $12,000 for participating in the early review process.

The Tribunal found that bringing a vexatious case constituted an 'exceptional reason' to award legal fees under the Tribunal's rules, but reduced the quantum to $2,500 to balance consumer protection with deterring improper applications.

The applicant, previously designated a vexatious litigant by the Superior Court of Justice, applied to the Condominium Authority Tribunal for an order requiring the respondent condominium corporation to provide certain records.

The Tribunal found that the application was an attempt to continue a dispute already determined by the courts and was brought for an improper purpose.

The Tribunal dismissed the application without a hearing pursuant to section 1.41 of the Condominium Act, 1998, finding it to be vexatious.