56 result(s)
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1.
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.
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2.
Wentworth Standard Condominium Corporation No. 382 v. Marrazzo - 2024 ONCAT 157 - 2024-10-16
CAT Decisions - DecisionCompliance with Governing Documents
Indemnification or Compensation
Noise
Other Type of Nuisance, Annoyance or Disruption
There are also video recordings of some of the noises heard by Mr. Kovalko in his unit that confirm his testimony of the banging noises he has heard. [...] They also suggest that the videos they provided of music coming from different units shows that they are not making the noise. [...] These videos are not dated, nor was testimony provided to suggest that the music recorded was a noise they were being blamed for.
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3.
Cho v. Toronto Standard Condominium Corporation No. 1644 - 2024 ONCAT 156 - 2024-10-15
CAT Decisions - DecisionAccess to Records
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties
I do not find these document inadequate records because they were not part of the requested records – they were produced during the CAT case with the purpose of providing context regarding the requested records. [...] [21] The Applicant claimed the time to produce the By‐law No. 5 records was excessive. She provided a video that showed that she could redact the records more quickly than the Respondent. [...] (c) subject to subsection (5), records relating to specific units or owners; or (d) any prescribed records.
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4.
Bogue v. Carleton Condominium Corporation No. 288 - 2024 ONCAT 154 - 2024-10-10
CAT Decisions - DecisionAccess to Records
Adequacy of Records
Entitlement to Records
Fees, Costs, Penalties
[4] At issue in the January decision was a request for all audio/video recordings of the virtual Annual General Meeting (“AGM”) held on July 22, 2022. [...] [16] Despite its position that the audio-visual recording is not a record, CCC 288 submits that it took reasonable steps to give the Applicant access to the recording. [...] CCC 288 reiterated at this hearing that the Applicant may watch the recording, take notes, but not record it. The Applicant submits that if the recording is not a record of the corporation, then s. 55(4) of the Act which lists and/or restricts records that corporations may not disclose, is not applicable.
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5.
Kovalenko v. Romanino et al. - 2024 ONCAT 151 - 2024-09-30
CAT Decisions - DecisionCompliance with Governing Documents
Indemnification or Compensation
Odour
Smoke and/or vapour
The log records numerous smoking events dating back to 2021 – all of which he attributes to Ms. Romanino. [...] of the log provided by Mr. Kovalenko and provided an affidavit from a partner at the law firm where she works, which verifies that on at least some of the occasions recorded by Mr. Kovalenko, Ms. Romanino was seen in the office, and thus could not have been smoking during the "smoking events" recorded by Mr. Kovalenko. [...] Even if I accept Mr. Kovalenko’s log is, for the most part, accurate, Mr. Kovalenko’s log records on average 3-4 instances of smoking per day (some days more, some days less, some days no recorded events).
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6.
Carleton Condominium Corporation No. 105 v. Lucien Aubé et al. - 2024 ONCAT 148 - 2024-09-25
CAT Decisions - DecisionIndemnification or Compensation
Smoke and/or vapour
Moreover, CCC 105 reviewed the video recordings from its security cameras and confirmed that Mr. Gauthier smoked in and around the common elements in February and March 2024, despite the fact that rule 28 prohibits smoking in these areas.
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7.
Chown v. Frontenac Condominium Corporation No. 19 - 2024 ONCAT 133 - 2024-08-28
CAT Decisions - DecisionPets and Animals
Reasonableness and/or Consistency of Governing Documents
Video Conference – May 20, 2024 REASONS FOR DECISION A. INTRODUCTION [...] These rulings were provided to the parties and form part of the record of the hearing. They will not be repeated in this decision. They include, among other things: governance issues outside the jurisdiction of the Tribunal; a request for a confidentiality order; requests for adjournments, a request to add late witnesses;
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8.
Waterloo North Condominium Corporation No. 37 v. Baha et al - 2024 ONCAT 131 - 2024-08-26
CAT Decisions - DecisionCompliance with Governing Documents
Indemnification or Compensation
Noise
Pets and Animals
He is the only one who seems to have presumed the dogs to be aggressive; the video stills submitted by WNCC 37 of Mr. Murphy and the dogs which purport to suggest aggressive behavior do the contrary. [...] As in Rahman, it was clear on the record that such an award was sought. It could not have been a surprise to WNCC 37, given this and the evidence submitted, that a claim for damages would be made. [...] Both were cases arising from records requests, which distinguish them from this case and limits their relevance.
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9.
Simmons v. Thunder Bay Condominium Corporation No. 8 - 2024 ONCAT 130 - 2024-08-22
CAT Decisions - DecisionCompliance with Settlement Agreement
Noise
[11] Term 6.3 requires TBCC 8 to (a) continue regular inspection of the mechanical aspects of the pool operation and investigate visual and audio records of nightly noise emanating from the pool and pump areas, and (b) take steps to eliminate or diminish or regulate identified offending noises that are in keeping with the [...] The log indicates that upon receipt of each complaint, TBCC 8 reviewed audio video (motion activated) footage of the pool area. None of the complaints were verified, and no activity was recorded during the middle of the night. [...] [26] Having reviewed the evidence before me, I find TBCC 8 has not breached term 6.5 of the SA. In making this finding, I considered the fact that TBCC 8 has demonstrated that it has investigated each of the Applicant’s noise complaints by reviewing audio video footage. The Applicant’s complaints were not verified, leading
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10.
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.
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11.
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.
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12.
Cernova-Cerrato v. Simcoe Condominium Corporation No. 8 - 2024 ONCAT 70 - 2024-05-24
CAT Decisions - Consent OrderAccess to Records
Adequacy of Records
Entitlement to Records
[1] The Applicant, Ms. Cerrato, made a Request for Records in November 2023 (the “November Request”), and another Request for Records in December 2023 (the “December Request”). [...] A Teams video conference call was held on May 23, 2024 to resolve the outstanding issues. [...] 2. Within 5 days of payment of the $100 fee, SCC 8 will send a copy of the following records, by email, to Ms. Cerrato: a. Records relating to the $16,072 patio rebuild (2021)
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13.
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.
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14.
Stoyanov v. York Condominium Corporation No. 141 et al. - 2024 ONCAT 32 - 2024-03-06
CAT Decisions - DecisionOdour
Smoke and/or vapour
YCC 141’s security camera has recorded footage showing Ms. Al-Hamdan exiting and entering the building to smoke. [...] YCC 141 submitted the recording from the body camera into evidence. From my review of the portion of the recording in Ms. Al-Hamdan’s unit, there is no evidence of smoking, cigarettes, ashtrays, or other smoking related items. [...] As noted above, YCC 141 provided the security guard’s video recording of his investigation. It also provided the security guard’s incident report, in which he described his investigation, reporting that he did not detect any smell or unusual odours in Ms. Gurova’s unit.
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15.
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?
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16.
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.
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17.
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.
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18.
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.
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19.
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.
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20.
Metropolitan Toronto Condominium Corporation No. 694 v. Velasco-Navalta - 2023 ONCAT 156 - 2023-10-25
CAT Decisions - DecisionCompliance with Governing Documents
Noise
Video Hearing – August 16, September 6, 13 & 19, 2023 REASONS FOR DECISION [...] “One of us works from home for most of the week and hearing running intermittently or banging is a distraction when conducting work meetings.” They attempted to capture the disturbance through a recording and were unsuccessful. [14] I am not convinced that noise distracting the meetings of someone working from home
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21.
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
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22.
Toronto Standard Condominium Corporation No. 2082 et al. v. Momoh et al. - 2023 ONCAT 133 - 2023-09-19
CAT Decisions - DecisionCompliance with Governing Documents
Indemnification or Compensation
Noise
The Applicants provided a copy of the video recording of this incident. This incident resulted in separate complaints from at least eight other residents on the floor but constitutes only one of the 34 incident reports.
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23.
Metropolitan Toronto Condominium Corporation No. 570 v. Cetin et al. - 2023 ONCAT 116 - 2023-08-18
CAT Decisions - DecisionCompliance with Governing Documents
Noise
Parking and Storage
Vehicles
A video recording of the incident was entered as evidence. [11] I accept the undisputed and credible evidence of MTCC 570 and of Mr. Cetin’s neighbour.
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24.
Majoo v. York Condominium Corporation No. 43 - 2023 ONCAT 103 - 2023-07-28
CAT Decisions - DecisionAccess to Records
Video Hearing – May 3, 2023 REASONS FOR DECISION [1] The Applicant unit owner made a Request for Records to the Respondent condominium corporation on July 5, 2022. [...] This case came to the Tribunal as records requested were outstanding. [2] This case was one of many filed against the same Respondent condominium corporation around the same time and about similar records. [...] During disclosure, the Respondent provided the Applicant with requested records but not those it had refused in its July 31, 2022 reply (draft minutes from and an audio recording of the 2022 Annual General Meeting).
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25.
Nurmi v. York Condominium Corporation No. 43 - 2023 ONCAT 99 - 2023-07-20
CAT Decisions - DecisionAdequacy of Records
Fees, Costs, Penalties
Records Retention
Video hearing – April 12, 2023 REASONS FOR DECISION A. INTRODUCTION [1] This case involved an Applicant unit owner unsatisfied with records received, and how requests for them were handled. [...] 1. outstanding records; 2. claims that records provided were inadequate; and 3. potential financial consequences. [...] I could not assess the adequacy of this record without it. It is clear that this record has not been properly maintained.