Larry Plener

The applicant filed two cases with the Condominium Authority Tribunal regarding a records request and issues with a Periodic Information Certificate.

The matters were merged and proceeded to mediation.

The applicant failed to move the matter to Stage 3 within the permitted time despite reminders.

The Tribunal ordered the case closed pursuant to Rule 34.3 of the CAT's Rules of Practice.

The applicant unit owner filed an application disputing an $800 indemnification charge levied by the respondent condominium corporation.

The charge was for a compliance letter sent to the applicant's tenant regarding alleged abusive behaviour, which the corporation characterized as workplace harassment under the Occupational Health and Safety Act and section 117(1) of the Condominium Act.

The Tribunal dismissed the application, finding that it lacked jurisdiction under O. Reg 179/17 to hear disputes relating to section 117(1) of the Condominium Act.

The applicant unit owner requested various condominium records, including historical meeting minutes and breakdowns of an extra occupancy assessment.

The respondent condominium corporation provided some records but refused others, stating they did not exist.

The Condominium Authority Tribunal found that while the corporation had a statutory duty to retain meeting minutes indefinitely, it could not be ordered to produce records that do not exist.

The Tribunal concluded the refusal was not unreasonable under the circumstances and dismissed the application without costs.