Jessica Laker

The applicant, a condominium owner, submitted requests for various core and non-core records from the respondent condominium corporation.

The respondent refused some records, citing exemptions under the Condominium Act, 1998, including actual or contemplated litigation.

The Tribunal found that while the application was not brought for an improper purpose overall, the request for two years of correspondence was a 'fishing expedition' and exempt.

The respondent was ordered to provide a redacted unit file and the April 1, 2022 Periodic Information Certificate.

A $100 penalty was imposed for the failure to provide the PIC, and the applicant was awarded $200 in costs.

The respondent condominium corporation brought a motion to adjourn a Condominium Authority Tribunal hearing regarding a records request, pending the outcome of two related Small Claims Court cases.

The applicant opposed the motion, arguing she needed the records for her Small Claims cases.

The Tribunal denied the motion to adjourn, finding that the CAT case was near completion, its resolution would not depend on the Small Claims cases, and an indefinite abeyance would not promote a fair, timely, and efficient resolution.