When Fees are Deemed Unreasonable
In the matter of Robert Remillard v. Frontenac Condominium Corporation No. 18, 2018 ONCAT 1, the decision of the Tribunal was that the fees requested by the Corp were considered unreasonable. The Applicant would receive the records, but only pay a fee that "shall not exceed $84.50".
When a Request for Records is Deemed Fulfilled
Jeff Berman v York Condominium Corporation No. 99, 2018 ONCAT 2 illustrates when a Corp has complied with a unit owner’s request but the unit owner feels that they were not given sufficient information.
Reasonableness of Fees
The essential issue in Shaheed Mohamed v. York Condominium Corporation No. 414, 2018 ONCAT 3, was the reasonableness of fees charged by the Corp to provide Mohamed with the requested documents. It was argued that the amount of time and effort in producing the documents required a fee that the Adjudicator later determined to be unreasonable.
Opening the Books
This particular situation, Joe Micieli v Toronto Standard Condominium Corporation no. 1753, 2018 ONCAT 5, addresses the Acts strengthening of opening the books to unit owners. It was not about arguing over whether or not the Corp was required to provide the information, rather it was the reasonableness of time and other factors that led to a delay in providing the Applicant with the requested information.
What is Considered a Reasonable Request for Records?
The main issue brought forth in Mara Bossio v. Metro Toronto Condominium Corporation 965, 2018 ONCAT 6 was the reasonableness of record requests under the Act and business records. Especially for under what purpose those records are to be used by the requester. In making their decision, the Adjudicator reviewed the evidence presented and the law to order that the applications for copies of the Records be dismissed.