56 result(s)
-
1.
Bogue v. Carleton Condominium Corporation No. 288 - 2024 ONCAT 15 - 2024-01-26
CAT Decisions - DecisionAccess to Records
Entitlement to Records
Fees, Costs, Penalties
Request 1 relates to all audio\video recordings of the virtual annual general meeting of the Respondent held on July 22, 2022 (“2022 AGM”). [...] 1. Is the audio\video recording of the virtual 2022 AGM of the Respondent held on July 22, 2022 a record of the corporation? [...] Issue 1: Is the audio\video recording of the virtual 2022 AGM of the Respondent held on July 22, 2022 a record of the corporation?
-
2.
He v. Metropolitan Toronto Condominium Corporation No. 952 - 2023 ONCAT 196 - 2023-12-14
CAT Decisions - DecisionAdequacy of Records
Entitlement to Records
Fees, Costs, Penalties
Records Retention
On December 5, 2022, the Applicant submitted a Request for Records for a number of different types of records. It is her position that there is an ongoing issue with access to corporate records, entitlement to corporate records, adequacy of records and retention of corporate records. [...] [82] While these may be her reasons for wanting this video footage, it does not follow that these would be records she could request pursuant to the Act. [...] [87] She further says that if the records and recordings do not exist, then there is a record adequacy issue.
-
3.
Toronto Standard Condominium Corporation No. 2448 v. Ihejirika et al. - 2023 ONCAT 178 - 2023-11-24
CAT Decisions - DecisionCompliance with Governing Documents
Indemnification or Compensation
Noise
In addition to the correspondence I have summarized above, the Applicant uploaded 50 security incident reports and 46 audio/video recordings to the CAT-ODR system. Ms. Ihejirika uploaded 206 audio/video recordings. [...] She noted that Ms. Muzyka had no video recording of what she testified were Ms. Ihejirika’s threats to burn or flood the building. [...] [59] Notwithstanding her submission that audio/video recordings are of limited evidentiary value, Ms. Ihejirika submitted 206 recordings to support her argument that TSCC 2448 is a noisy building.
-
4.
Harrison v. Toronto Standard Condominium Corporation No. 2714 - 2021 ONCAT 94 - 2021-10-14
CAT Decisions - DecisionEntitlement to Records
Fees, Costs, Penalties
August 26, 2021, Video Conference [3] On August 26, 2021, we convened a video conference to determine the issues to be resolved, and which records remained outstanding. [...] [13] Following the video conference, the remaining issues to be decided are: 1. Has the Respondent provided the requested records? [...] Record of owners & record of leased units [15] Regarding the record of owners and mortgagees (“owners’ list”) and the record related to leases under s.83 of the Act, the Respondent provided a document on August 27, 2021.
-
5.
Kent v. Carleton Condominium Corporation No. 268 - 2022 ONCAT 128 - 2022-11-21
CAT Decisions - DecisionAccess to Records
Entitlement to Records
After the meeting, the Applicant requested the recording. The Respondent refused to provide it. This decision considers whether a video recording of an owners’ meeting is a record under the Act that must be provided to an owner when they request it. [...] Is a video recording of the January 17, 2022, owners’ meeting a record under the Act that must be retained and produced on request? [...] This decision refers to “recordings” and “records”. “Recording,” refers to the video recording of the meeting.
-
6.
Walsh v. Simcoe Standard Condominium Corporation No. 432 - 2023 ONCAT 34 - 2023-03-01
CAT Decisions - DecisionAccess to Records
Entitlement to Records
Fees, Costs, Penalties
The Request asks SSCC No. 432 for certain records, and cites the first record as the only core record. It then lists the subsequent five records as non-core records. [...] The Response denies Mr. Walsh access to the forms to install video cameras and electronic door locks, and the compliance infractions and cited “owners privacy act issues”, for each of these records. [...] Issue 2: Is Mr. Walsh entitled to resident forms to install video cameras and resident forms to install electronic door locks? [15] Section 55(3) of the Act sets out the right to examine or obtain a copy of records:
-
7.
Arulpiragasam v. Nguyen - 2023 ONCAT 174 - 2023-11-16
CAT Decisions - DecisionNoise
Video evidence [8] In support of his allegations of unreasonable noise, Mr. Arulpiragasam submitted two short videos, each less than a minute. [...] In the video, a sound amplification system can be seen to be in use. The audio recording of the event includes conversation which cannot be heard clearly over the sound of music. [...] [11] The issue before me is the admissibility of the short videos submitted as evidence. There is no law in Canada that deals with video taking in all circumstances.
-
8.
Tamo v. Metropolitan Toronto Condominium Corporation No. 744 et al. - 2022 ONCAT 40 - 2022-04-29
CAT Decisions - DecisionPets and Animals
Procedural Issue with Governing Documents
Reasonableness and/or Consistency of Governing Documents
• How are the photos / video surveillance records relevant to an issue or issues in this hearing? [...] [14] Based on my review of the parties’ submissions, I accepted the photos and some of the video surveillance records. I was satisfied that the records were reliable and could be authenticated, and I concluded that the records were relevant to issues in the hearing with the exception of one video clip from September 19, [...] I was also persuaded that the proposed photo and video records did not have a prejudicial effect on the parties or the other people recorded.
-
9.
Delia v. Ranches et al. - 2022 ONCAT 127 - 2022-11-21
CAT Decisions - DecisionNoise
The level of acrimony was apparent in their submissions and evidence, and particularly in a video recording of an altercation between them on July 11, 2022, that I describe in more detail below. [...] Mr. Cleminson submitted a video recording taken by Ms. Ranches of one particular interaction with the Applicant that occurred on July 11, 2022. [...] [25] The video recording, however, provides some objective evidence but not in relation to the noises complained of by the Applicant.
-
10.
York Condominium Corporation No. 288 v. Tamhane - 2023 ONCAT 16 - 2023-02-01
CAT Decisions - DecisionCompliance with Governing Documents
Pets and Animals
Reasonableness and/or Consistency of Governing Documents
The February and August incidents were captured on video, which were entered into evidence. The May incident was not captured on video as no cameras are in the area where the incident is alleged to have occurred. [...] [15] In the video of February 23, 2022, Sumo was with his dog walker in the elevator. [...] Further, having viewed the videos during the hearing, I agree with the Respondent that Sumo did not appear aggressive.
-
11.
York Condominium Corporation No. 385 v. Vianellis - 2023 ONCAT 72 - 2023-05-29
CAT Decisions - DecisionIndemnification or Compensation
Pets and Animals
I note that Ms. Vianellis identified the individual with Mitsey in both videos as her niece, lending credence to her testimony that she was unaware of these incidents until the videos were submitted as evidence in this proceeding. [...] However, the video evidence does persuade me on a balance of probabilities that the March 18, 2020, cleaning was performed to address staining following Mitsey’s recorded accident on March 6, 2020, and that Ms. Vianellis is responsible for this cleaning cost in accordance with Article XI (1) of YCC 385’s declaration. [...] 10. Exhibits 24 and 30 are deemed confidential and are not to be made available as part of the public record in this matter. The parties in this case must take all reasonable steps to ensure that these records remain private.
-
12.
Calderon v. York Condominium Corporation No. 274 - 2021 ONCAT 101 - 2021-11-02
CAT Decisions - DecisionAccess to Records
Adequacy of Records
Fees, Costs, Penalties
Parking and Storage
Pets and Animals
Reasonableness and/or Consistency of Governing Documents
It also concerns a records request for a grounds map referred to in Rule 12(9) ("Grounds Map"). [...] He included this video in his evidence, noting that he contacted the police about this incident. [...] He submits that YCC 274 was obliged to have well kept records and provide him with a copy of the requested record within a reasonable time.
-
13.
Jalbout v. Brown et al. - 2023 ONCAT 147 - 2023-10-12
CAT Decisions - DecisionLight
Noise
Odour
Other Type of Nuisance, Annoyance or Disruption
Smoke and/or vapour
Vibration
[31] In support of her claim, Ms. Jalbout also submitted a video recording of one such alleged incident, under the title ‘Nuisance - Excessive noise from Jaymie’s room’. [...] They add that the video recording submitted by Ms. Jalbout is the only recording of such noise and that it is a low volume recording of a normal conversation, with some giggling. [...] b) In regard to her video recording evidence of the bedroom window incident (‘Excessive noise from Jaymie’s room’), one can only hear a low volume recording of a normal conversation, with some laughter or giggling, without any music or shouting; and
-
14.
Toronto Standard Condominium Corporation No. 2744 v. Meghan - 2024 ONCAT 169 - 2024-11-18
CAT Decisions - DecisionCompliance with Settlement Agreement
[28] The second incident occurred on July 13, 2024, at 8:40 p.m. The incident report states that security staff “immediately” attended at Mr. Meghan’s door where they recorded a video of decibel levels measured with a sound level meter. The video recording shows readings ranging between 52.2 and 62.7 decibels over its 13 [...] He also submitted a video he made using a sound level meter which demonstrates that the level recorded was higher when he was in the hallway than it was when he walked into his unit. [...] Further, while the video Mr. Meghan submitted shows decibel readings which are higher in the hallway than in his unit, there is no discernible music playing in his unit on that video.
-
15.
Harrison v. Toronto Standard Condominium Corporation No. 2714 - 2021 ONCAT 30 - 2021-04-13
CAT Decisions - DecisionAccess to Records
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties
Records Retention
[7] The video conference hearing focussed on the records identified as in dispute. [...] During the hearing, the Respondent undertook to provide some of the records on the list and to investigate to determine if certain records do exist. [...] The records that the Respondent agreed to provide were provided. C. ANALYSIS - RECORDS IN DISPUTE
-
16.
He v. Waterloo Standard Condominium Corporation No. 541 - 2020 ONCAT 34 - 2020-09-22
CAT Decisions - DecisionAccess to Records
Entitlement to Records
Fees, Costs, Penalties
On March 11, 2020, the Applicant submitted a Request for Records form to the Respondent requesting non-core records. The records requested were not listed in the form. [...] FOB De-Activation Records c. Video footage related to allegations of the Applicant and/or their tenants violating the Respondent’s rules; and [...] Records requested by the Applicant that qualify as core records should have been provided.
-
17.
Metropolitan Toronto Condominium Corporation No. 1053 v. Ahluwalia et al. - 2024 ONCAT 63 - 2024-05-08
CAT Decisions - DecisionCompliance with Governing Documents
Pets and Animals
Key fobs and security video [10] Mr. Schwartz’s statement includes information about the use of key fobs that are registered to the unit, and a review of security video. [...] So, records that show that a fob registered to Ms. Ahluwalia was used does not establish if the fob was used by Ms. Ahluwalia or Mr. Ahluwalia. [...] [15] Mr. Schwartz testified that the condominium installed a video licence recognition system a few years ago to keep track of parking in the resident parking area.
-
18.
Wang v. Carleton Condominium Corporation No. 95 - 2023 ONCAT 25 - 2023-02-15
CAT Decisions - DecisionAccess to Records
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties
Is the Applicant entitled to records they have not received? If so, has the Respondent refused to provide the Applicant with records they are entitled to? [...] 5. No such records exist. 6. Beyond what has been provided, no records exist. 7. No such records exist. [...] All related records have been provided. [12] I find the Respondent’s condominium manager credible in their claim that all leak-related records have been provided.
-
19.
Clarkson v. Brant Vacant Land Condominium Corporation No. 110 - 2024 ONCAT 95 - 2024-06-27
CAT Decisions - DecisionAccess to Records
If any of these records do not exist, BVLCC 110 is to provide a detailed written confirmation itemizing the record and explaining that it does not exist. [...] 1. Is Ms. Clarkson entitled to receive copies of the requested records? 2. Did BVLCC 110 refuse to provide the requested records without a reasonable excuse? [...] These are records to which Ms. Clarkson is entitled. [12] The budget, and the approved financial statements, are records listed in Section 55 (1) of the Act and O. Reg. 48/01 as records the corporation is required to maintain.
-
20.
Waterloo North Condominium Corporation No. 70 v. Sinyard - 2022 ONCAT 144 - 2022-11-16
CAT Decisions - DecisionCompliance with Governing Documents
Fees, Costs, Penalties
Indemnification or Compensation
Pets and Animals
Security video related to this incident shows the Respondent and the dog in an elevator. [...] The video shows that the Respondent was unable to adequately control her dog. [...] The invoices provided have accordingly been deleted from the record. [40] Article XI of the Condominium’s amended Declaration states:
-
21.
Lou v. Toronto Standard Condominium Corporation No. 2036 - 2024 ONCAT 100 - 2024-07-05
CAT Decisions - DecisionAccess to Records
Adequacy of Records
Fees, Costs, Penalties
Video Conference – June 20, 2024 REASONS FOR DECISION A. INTRODUCTION [...] 1. Did TSCC 2036 provide the requested records in accordance with the Act? 2. Did TSCC 2036 redact the records in excess of the requirements of s. 55(4) of the Act? [...] [10] In advance of the video hearing, I asked Mr. Lou to provide a chart of the issues he had with each redacted invoice.
-
22.
Toronto Standard Condominium Corporation No. 2804 v. Micoli et al. - 2023 ONCAT 21 - 2023-02-10
CAT Decisions - DecisionCompliance with Governing Documents
Indemnification or Compensation
Noise
Odour
Other Type of Nuisance, Annoyance or Disruption
a video recording in which excessive noise including argumentative yelling is heard coming from within the Respondent’s unit, and video evidence of one incident of highly aggressive, threatening conduct by Mr. Philosophe and Ms. Hermann toward the condominium’s staff which occurred during the course of these proceedings. [...] Counsel cited as a particular example the allegations relating to a mess left by Ms. Hermann in the condominium’s gym facilities, which video evidence suggested was in fact relatively minor (though I note that the video evidence neither supports nor disproves the allegation that she neglected to sanitize the equipment after [...] Based on the evidence, including other residents’ complaints and videos of the kind of issues complained of, I cannot agree with this conclusion.
-
23.
Park v. Toronto Standard Condominium Corporation No. 2775 - 2023 ONCAT 171 - 2023-11-10
CAT Decisions - DecisionNoise
Vibration
[26] At the video conference call, there was some contention concerning these standards. [...] Board members reviewed the security video taken by the security camera during Mr. Koval’s visit to the gym. TSCC 2775 alleges that Mr. Koval’s description of what he did to take the sound readings for the doors does not accord with his actions as depicted in the video. [...] The engineers agree that noise from sources other than the gym were recorded. Mr. Park’s consultant felt these were likely due to traffic noise.
-
24.
Persaud v. Peel Condominium Corporation No. 449 - 2023 ONCAT 70 - 2023-05-19
CAT Decisions - DecisionAccess to Records
Entitlement to Records
Fees, Costs, Penalties
[2] PCC 449 does not dispute that an owner is entitled to receive copies of the requested core records. Its position is that it did not refuse to provide the records without reasonable excuse; rather, it had reason to doubt that the Request for Records was made by the Applicant and it will provide the records upon receipt [...] [30] Mr. Fulton confirmed that PCC 449 has no e-mail address for Norma Persaud on its records. I note that Ms. Maharaj’s July 27, 2022, e-mail to Mr. Brenner was sent from the address to which the Request for Records indicated the records were to be delivered. [...] [41] I have found that PCC 449’s lengthy delay in responding to Norma Persaud’s July 18, 2022 Request for Records coupled with its failure to take timely action to address its suspicions that she herself had not requested the records constitutes an effective refusal to provide records.
-
25.
Chai v. Toronto Standard Condominium Corporation No. 2431 - 2021 ONCAT 116 - 2021-12-03
CAT Decisions - DecisionAdequacy of Records
Entitlement to Records
Fees, Costs, Penalties
He also questions the adequacy of the records received. TSCC 2431 takes the position that all the requested records have been provided and that they are adequate and accurate. [...] The Tribunal cannot order a condominium corporation to produce records that do not exist. Mr. Chai has demonstrated that there are some problems with the records, and I deal further with the adequacy of the records below. [...] Issue 3: Are the records that Mr. Chai received adequate? [22] Mr. Chai raised many concerns about the adequacy of the records he received.