The applicant, a condominium owner, brought a motion during mediation at the Condominium Authority Tribunal regarding his request for records.
The respondent condominium corporation had served a Notice of Mediation alleging the applicant's repeated records requests were vexatious and an abuse of process, seeking to prevent further requests.
The applicant sought to add these issues to the Tribunal proceeding and argued the respondent's actions were retaliatory.
The Tribunal found it had jurisdiction over whether an owner is entitled to make records requests and added the respondent's issues to the dispute.
The Tribunal declined to find the applicant's requests vexatious at this stage and found insufficient evidence that the respondent acted in a retaliatory or oppressive manner.