Corrected Decision
This decision was amended to correct the name of the Respondent’s counsel.
CONDOMINIUM AUTHORITY TRIBUNAL
DATE: October 7, 2025 CASE: 2024-00781R
Order under section 1.44 of the Condominium Act, 1998.
Member: Nasser Chahbar, Member
The Applicant, Shahnool Ladha Self-Represented
The Respondent, York Condominium Corporation No. 43 Represented by Natasha Mazzitelli, Counsel
Hearing: Written Online Hearing – May 6, 2025 to August 22, 2025
REASONS FOR DECISION
A. INTRODUCTION
1On August 4, 2024, the Applicant submitted a request for records to York Condominium Corporation No. 43 (“YCC 43”), requesting 13 core and non-core records. YCC 43’s legal representative at the time responded to the request on September 3, 2024, approving the Applicant’s request without charging any fees to produce the records. On September 7, 2024, the Applicant confirmed YCC 43’s response and requested to move forward with the delivery of the records.
2The Applicant alleges that the non-core records and some of the core records were not provided by the 30-day deadline of October 7, 2024. The Applicant followed up with YCC 43’s condominium manager, Mr. Irfan Naeem, on October 15, 2024. Mr. Naeem replied on October 22, 2024, stating that YCC 43 retained a new lawyer and “were in the process of transferring all the legal files to their office”. In the same email, Mr. Naeem stated that “the Board has revisited their policy to provide non-core documents free of cost and decided to charge $30 per non-core item.” He attached a revised Board Response form showing a total fee of $180 and requested the Applicant’s confirmation.
3On October 28, 2024, the Applicant responded and reiterated that she already provided confirmation to proceed with the board’s first response form that did not request any fees and asked that the records be delivered by October 31, 2024. Mr. Naeem did not reply to the Applicant beyond this point, so an application was filed with the Tribunal on December 21, 2024.
4The case proceeded to Stage 2 – Mediation on January 10, 2025. YCC 43 provided all the records to the Applicant at no costs, except three non-core records that allegedly did not exist. The Applicant was satisfied with the provision of the remaining records but raised issues relating to the adequacy of the following core and non-core records:
Minutes of meetings held within the last 12 months (from March 2024 – August 2024)
Specifications for all components of the Hallway Project (the “hallway project”)
Voting Results from the Annual General Meeting (the “AGM”) held on June 28, 2024 (the “voting results”)
5The Applicant is seeking a statement from YCC 43 that acknowledges their failure to comply with provisions of the Condominium Act, 1998 (the “Act”). The Applicant also requests the Tribunal to order YCC 43 to distribute a written list of decisions to all unit owners made outside of Board meetings that involved significant expenditures during the period covered by the records request. The Applicant also seeks an order that YCC 43 produce an adequate version of the voting results from the AGM that includes the alleged missing information. The Applicant requests to be reimbursed her Tribunal fees, as well as an order to have YCC 43 “provide a credit, by cheque, toward the common expenses attributable to [her] unit, in an amount equivalent to [her] proportional share of the Tribunal’s filing fee, any penalty imposed, and the legal fees incurred by the Corporation in this proceeding.” The Applicant is also seeking a penalty for YCC 43’s alleged contraventions of the Act.
6For the reasons set out below, I find that the initial delay, along with the further delay resulting from YCC 43’s decision to reissue their Board Response form and request fees for the non-core records, amounted to a refusal to provide the records without a reasonable excuse. Therefore, I assess a penalty of $300. As for the remaining issue of adequacy, I find that YCC 43’s board meeting minutes at issue in this case, as well as the remaining records concerning the hallway project and voting results, are adequate in accordance with the Act. The Applicant was partially successful in this case. Therefore, I order YCC 43 to reimburse half of the Applicant’s Tribunal fees in the amount of $100. No costs are awarded to YCC 43.
B. BACKGROUND
7One of the main factors of this records dispute was a change in counsel for YCC 43 two weeks after the Applicant’s records request was approved. In addition, one month prior to the Applicant’s records request, the board decided to rescind their practice of providing non-core records to unit owners free of charge.
8Both the Applicant and YCC 43 made numerous claims and allegations that stem from these two facts, which helped to explain the context surrounding this records request. However, most of the issues pertaining to the records dispute were resolved during Stage 2 – Mediation.