The applicant condominium owner requested bank records, cheque copies, and the most recent auditor's report from the respondent condominium corporation.
The respondent refused, arguing the records were exempt under s. 55(4)(b) of the Condominium Act due to ongoing Superior Court litigation between the parties.
The Tribunal found the bank records and cheque copies were directly related to the ongoing litigation regarding unpaid common expenses and were therefore exempt.
However, the Tribunal ordered the respondent to provide the auditor's report once completed, finding it was a core record not sufficiently related to the litigation to warrant exemption.
Requests for a penalty and costs were dismissed.