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75 result(s)

  • 1.

    Raffa v. Metropolitan Toronto Condominium Corporation No. 1245 - 2025 ONCAT 57 - 2025-04-17

    CAT Decisions - Decision
    Access to Records
    Fees, Costs, Penalties

    3. Have any records requested in the Request for Records been refused without reasonable excuse?   [...]  3. The Applicant’s tenant also observed the superintendent making a video recording while attending her unit on that date. 4. A report from Heat‐Air Mechanical Ltd., made on August 30, 2023, makes reference to the video.   [...]  The video title is “VIDEO‐2023‐08‐28‐14‐03‐10‐1” suggesting it was made on August 28, 2023.

  • 2.

    Bogue v. Carleton Condominium Corporation No. 288 - 2024 ONCAT 15 - 2024-01-26

    CAT Decisions - Decision
    Access 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?

  • 3.

    Khan v. Peel Condominium Corporation No. 409 - 2025 ONCAT 67 - 2025-04-25

    CAT Decisions - Decision
    Access to Records

    1. Is the Applicant entitled to the following records: a. the video recordings of the 2022 and 2023 Annual General Meetings (“AGM”)   [...]  The video recordings of the 2022 and 2023 AGMs [6] On the board response form to the first request, PCC 409 stated it did not possess these two records.   [...]  Therefore, when PCC 409 responded on November 25 that it could not provide the video recording, it was a correct response in that the video recording did not exist at that time.

  • 4.

    Samms v. McDavid - 2025 ONCAT 73 - 2025-05-07

    CAT Decisions - Decision
    Noise

    On direction from me, they were instructed to choose a selection of videos to submit as it was not necessary or proportionate to submit hundreds of hours of video recordings.   [...]  [22] The Respondent submitted three 10‐minute video recordings, with full audio. Each video captures a different date and time.   [...]  [23] I reviewed each of the videos. In the videos, the decibel reader moves up and down in apparent accordance with the background noise that can be heard on the video.

  • 5.

    He v. Metropolitan Toronto Condominium Corporation No. 952 - 2023 ONCAT 196 - 2023-12-14

    CAT Decisions - Decision
    Adequacy 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.

  • 6.

    Harrison v. Toronto Standard Condominium Corporation No. 2714 - 2021 ONCAT 94 - 2021-10-14

    CAT Decisions - Decision
    Entitlement 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.

  • 7.

    Toronto Standard Condominium Corporation No. 2448 v. Ihejirika et al. - 2023 ONCAT 178 - 2023-11-24

    CAT Decisions - Decision
    Compliance 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.

  • 8.

    Kent v. Carleton Condominium Corporation No. 268 - 2022 ONCAT 128 - 2022-11-21

    CAT Decisions - Decision
    Access 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.

  • 9.

    Walsh v. Simcoe Standard Condominium Corporation No. 432 - 2023 ONCAT 34 - 2023-03-01

    CAT Decisions - Decision
    Access 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:

  • 10.

    Arulpiragasam v. Nguyen - 2023 ONCAT 174 - 2023-11-16

    CAT Decisions - Decision
    Noise

    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.

  • 11.

    Delia v. Ranches et al. - 2022 ONCAT 127 - 2022-11-21

    CAT Decisions - Decision
    Noise

    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.

  • 12.

    Tamo v. Metropolitan Toronto Condominium Corporation No. 744 et al. - 2022 ONCAT 40 - 2022-04-29

    CAT Decisions - Decision
    Pets 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.

  • 13.

    Seif v. Toronto Standard Condominium Corporation No. 1511 - 2025 ONCAT 48 - 2025-03-18

    CAT Decisions - Decision
    Noise

    Two of the videos are taken from inside the stairwell area and not from the hallway.   [...]  Instead, the videos show a person throwing the door open wide and allowing it to close.   [...]  The video then records the exit door closing and the peak decibel reading is 63 dB.

  • 14.

    York Condominium Corporation No. 288 v. Tamhane - 2023 ONCAT 16 - 2023-02-01

    CAT Decisions - Decision
    Compliance 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.

  • 15.

    Calderon v. York Condominium Corporation No. 274 - 2021 ONCAT 101 - 2021-11-02

    CAT Decisions - Decision
    Access 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.

  • 16.

    York Condominium Corporation No. 385 v. Vianellis - 2023 ONCAT 72 - 2023-05-29

    CAT Decisions - Decision
    Indemnification 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.

  • 17.

    O’Sullivan v. Toronto Standard Condominium Corporation No. 2438 - 2025 ONCAT 32 - 2025-02-24

    CAT Decisions - Decision
    Access to Records
    Entitlement to Records

    This case deals with a Request for Records that she made dated April 22, 2024, which was a request for five non‐core records (the “Request”).   [...]  [10] Dr. O’Sullivan made a Request for Records dated April 22, 2024. The records included the two performance audits requested by Ms. Brack and three other non‐core records.   [...]  [18] I find that the four records are records that Dr. O’Sullivan was entitled to receive as at the date of her Request.

  • 18.

    Ottawa-Carleton Standard Condominium Corporation No. 867 v. Ghafari, Fizeeli, Ghafari - 2025 ONCAT 47 - 2025-03-17

    CAT Decisions - Decision
    Compliance with Governing Documents
    Indemnification or Compensation
    Noise
    Reasonableness and/or Consistency of Governing Documents

    Documents provided by OCSCC 867 initially included about 50 recordings the complainant made on her phone. I advised that there were too many recordings and asked that the “top 10” recordings be provided.   [...]  [24] Ms. Marples, the condominium manager, said that she had listened to the recordings made by the complainant and found them to be convincing evidence of unreasonable noise.   [...]  He made other allegations including that she videoed his family moving out. [26] Mr. Fizeeli alleges that the complainant harassed him and his family.

  • 19.

    York Condominium Corporation No. 138 v. Himanshu, Kaul - 2024 ONCAT 178 - 2024-11-29

    CAT Decisions - Consent Order
    Noise

    2. A complaint that identifies the Respondents as the source of the noise is accompanied by an audio or video recording where the noise(s) can be clearly heard. The recording must be time/date stamped.   [...]  If the complaint is substantiated by an audio or video recording, a copy of the audio or video recording will be provided to the Respondents.

  • 20.

    Jalbout v. Brown et al. - 2023 ONCAT 147 - 2023-10-12

    CAT Decisions - Decision
    Light
    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

  • 21.

    Harrison v. Toronto Standard Condominium Corporation No. 2714 - 2021 ONCAT 30 - 2021-04-13

    CAT Decisions - Decision
    Access 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

  • 22.

    Toronto Standard Condominium Corporation No. 2744 v. Meghan - 2024 ONCAT 169 - 2024-11-18

    CAT Decisions - Decision
    Compliance 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.

  • 23.

    He v. Waterloo Standard Condominium Corporation No. 541 - 2020 ONCAT 34 - 2020-09-22

    CAT Decisions - Decision
    Access 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.

  • 24.

    Wang v. Carleton Condominium Corporation No. 95 - 2023 ONCAT 25 - 2023-02-15

    CAT Decisions - Decision
    Access 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.

  • 25.

    Clarkson v. Brant Vacant Land Condominium Corporation No. 110 - 2024 ONCAT 95 - 2024-06-27

    CAT Decisions - Decision
    Access 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.