02/12/2025– Jurisdiction Ontario
Part 92 published on 01/12/2025
Corporation had failed to provide requested records without reasonable excuse
The applicant owner alleged that the corporation had refused to provide requested records without reasonable excuse. The requested records included governing documents, reserve fund studies, budgets, engineering reports, contracts, bids, and communications.
The corporation acknowledged delays in responding, but argued that some records were unavailable, in draft form, or exempt under the Condominium Act. While many records were eventually provided during mediation, others were refused or delayed, including an engineering contract and Notices of Change. The Tribunal found that failure to respond within the prescribed timelines and delays in providing certain records amounted to refusals without reasonable excuse.
The Tribunal held that the applicant was not entitled to draft documents, broad communication requests (amounting to “fishing expeditions”), or records that did not exist, but was entitled to the Notices of Change and the engineering contract. The Tribunal concluded that the Corporation had breached its obligations under the Act and imposed a $500 penalty for the refusals and delays.
Hunaidi v. Carleton Condominium Corporation No. 75, 2025 ONCAT 205