20/01/2025– Jurisdiction Ontario
Part 93 published on 01/03/2026
Corporation had not refused to provide records
The owner requested records concerning a fraud investigation and board member status following a contentious election. The Tribunal found that the corporation provided adequate records which had been properly redacted and that the requested “full report on the election fraud investigation” did not actually exist. The Tribunal said:
The corporation cannot refuse to provide a record that does not or has not existed. Mr. Pellegrino may believe there ought to be such a report, but such a belief does not, in and of itself, mean that the absence of one such record can be seen as a refusal to provide a record.
The Tribunal also cautioned the owner against making applications to the Tribunal for improper reasons. The Tribunal said:
Further, I find that the evidence does raise some questions regarding Mr. Pellegrino and his representative’s use of this Tribunal and caution Mr. Pellegrino and his representative that it is not appropriate to use a case about records as a proxy to attempt to put governance issues before me.
The application was dismissed, and the Applicant was ordered to pay $1,500 in costs for pursuing an unnecessary hearing after records were already delivered.
Pellegrino v. York Condominium Corporation No. 486, 2026 ONCAT 5