Leza Blair

The applicant submitted a request for condominium records, specifically meeting minutes for June, July, and August 2024.

The respondent condominium corporation failed to provide the minutes until after the Tribunal hearing commenced, citing a chaotic transition to a new management provider.

The Tribunal found that the significant delay constituted a refusal without a reasonable excuse and ordered the respondent to pay a $500 penalty and $200 in costs.

The applicant unit owner applied to the Condominium Authority Tribunal alleging the respondent condominium corporation breached several terms of a prior settlement agreement, including failing to provide records and payment by the agreed deadlines, and breaching confidentiality.

The Tribunal found the respondent breached the deadlines for providing records and payment, though these were rectified shortly after the application was filed.

The Tribunal found no breach of confidentiality and held it lacked jurisdiction to impose penalties or reimburse record fees that were resolved by the settlement.

The respondent was ordered to reimburse the applicant's $125 filing fee.

The applicant filed an application with the Condominium Authority Tribunal regarding a request for records.

During mediation, the respondent provided all the records listed in the original request, as well as some additional records requested during the mediation process.

The applicant sought to move the case to a Stage 3 hearing to obtain further additional records.

The Tribunal issued a Notice of Intent to Dismiss and ultimately dismissed the case, finding no reasonable prospect of success as the original request was fully satisfied and the applicant had not followed the prescribed process for the newly requested records.

The applicant condominium owner requested the record of owners and mortgagees and the general ledger for repairs and maintenance from the respondent condominium corporation.

The respondent failed to respond within the statutory 30-day period and initially failed to provide the older ledger records or a fee estimate for their retrieval from storage.

The Tribunal found the respondent's fee estimate of $167.60 for retrieving the older records was reasonable and that the respondent was entitled to redact references to specific units and owners.

However, the Tribunal ordered the respondent to pay a $500 penalty for its initial refusal to provide the older records without a reasonable excuse, along with $75 in costs.

The applicant filed an application with the Condominium Authority Tribunal for records.

Before joining the case, the respondent condominium corporation provided the records and agreed to reimburse the filing fees.

The only remaining issue was the applicant's claim for legal fees.

The Tribunal dismissed the claim for legal fees, finding no exceptional reasons under Rule 46.1 of the CAT Rules of Practice to order them, and formally ordered the reimbursement of the filing fees.