Justin Goldrich

The Applicant, a condominium unit owner, requested aggregate records regarding the number of occupants granted 'grandfathered' exemptions from the corporation's new smoke-free rules, broken down by floor.

The Respondent condominium corporation denied the request, arguing it sought personal information about specific units or owners under s. 55(4)(c) of the Condominium Act, 1998.

The Condominium Authority Tribunal found that the requested aggregate data did not relate to specific units or owners.

However, the Tribunal dismissed the application because the requested information did not currently exist as a record, and the Tribunal will not order a corporation to create a new record that it is not otherwise required to maintain.

The applicant condominium corporation filed a case with the Condominium Authority Tribunal seeking records from the respondent condominium corporation, claiming to be a unit owner of the respondent.

The Tribunal issued a Notice of Intent to Dismiss for lack of jurisdiction.

The Tribunal found that its jurisdiction over records disputes is limited to records kept by a condominium corporation under section 55 of the Condominium Act, 1998, and does not extend to records sought from a unit owner.

The Tribunal concluded that the applicant knowingly filed false or misleading information by claiming to be a unit owner to bypass the filing restrictions.

The case was dismissed at the mediation stage with no costs awarded.