06/11/2025– Jurisdiction Ontario
Part 92 published on 01/12/2025
Corporation had unreasonably refused to provide requested records
The Tribunal held that the Corporation’s initial insistence on providing only a redacted security contract and its omission of parking and locker units from the record of owners and mortgagees were refusals without reasonable excuse. However, the Tribunal determined that the corporation is keeping adequate records and that the information provided ultimately satisfied statutory requirements. The Tribunal imposed a penalty of $500, payable by the Corporation. The Tribunal said:
Mr. Grant requested that the Tribunal order the maximum penalty of $5,000. In this regard, he referred me to seven previous decisions of the Tribunal although I note he did not explain their relevance to this matter. While I have reviewed those cases, I note that the maximum penalty was awarded only in Surinder Mehta v. Peel Condominium Corporation 389, 2020 ONCAT 9, which was a case where the Tribunal found that a large number of ‘foundational’ records had not been provided in spite of the owner’s clear entitlement. Mr. Grant received the records he requested on July 31, 2025. In the circumstances of this case, where I have found that the refusal to provide records was only temporary, I find a penalty of $500 to be appropriate.
Grant v. Halton Standard Condominium Corporation No. 504, 2025 ONCAT 183