CAT Decisions

CONDOMINIUM AUTHORITY TRIBUNAL

DATE: August 9, 2023
CASE: 2023-00090R

Citation: Gingras v. Toronto Standard Condominium Corporation No. 2423, 2023 ONCAT 108

Order under Rule 4 of the Condominium Authority of Ontario’s Rules of Practice.

Member: Marc Bhalla, Member

The Applicant,
Merise Gingras
Self-Represented

The Respondent,
Toronto Standard Condominium Corporation No. 2423
Represented by Liron Daniels, Agent

Submission Dates: July 28 to August 4, 2023

MOTION ORDER

[1]       This case was filed about a Request for Records made to the Respondent by the Applicant on December 30, 2022. The Applicant asked for all core records set out in the request form. The issues to be addressed at a hearing are:

1.         Has the Respondent provided the requested records?

2.         Has the Respondent refused to provide the requested records without a reasonable excuse? If not, should the CAT impose a penalty?

3.         Should the CAT award any other costs?

[2]       The Applicant made another Request for Records on June 7, 2023 for the same records of the Respondent - to update the currency of them. The Applicant wants to include the June 7^th request within the records at issue in this case.

[3]       As the Respondent expressed a preference for written submissions, both parties were given the chance to make submissions in writing about the records to be considered in this case.

[4]       The Applicant made submissions. The Respondent did not.

[5]       The records requested by the Applicant are the same types of records in both requests. The June 7^th request was made for the records sought to be more current.

[6]       In the absence of submissions from the Respondent, I find that granting the request will allow for the most efficient process. We will deal with both records requests within the issues of this case.

ORDER

[7]       The motion is granted. Records requested by the Applicant on June 7, 2023 are to be included within the issues of this case.

Released on: August 9, 2023