Advanced Search

Toronto Standard Condominium Corporation No. 2370 v. Chong et al. - 2021 ONCAT 108 - 2021-11-15

Mr. Chinta preserved the video (Exhibit 13) and reported the incident to property management. Mr. Olivares testified that as Mr. Gopalakrishnan was going towards the elevator, the dog was barking and trying to attack him.   [...]  Mr. Chinta explained the video recording (Exhibit 12) which shows a resident walking with a small, leashed dog.   [...]  The video of the March 19, 2021, incident in the parking garage indicates that the unleashed dogs attempted to attack another resident’s dog.

Stoyanov v. York Condominium Corporation No. 141 et al. - 2024 ONCAT 32 - 2024-03-06

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.

Manaj v. York Condominium Corporation No. 228 - 2023 ONCAT 57 - 2023-04-06

She filed CAT case 2022-00085R on the basis that she did not receive all the records that she requested through a Request for Records dated September 17, 2021 (“RFR”).   [...]  1. Did the Applicant receive the records to which she is entitled? 2. Did the Respondent refuse to provide records without a reasonable excuse and, if so, should a penalty be ordered against the Respondent?   [...]  [45] Based on the evidence provided in this case, I conclude the Applicant received the records to which she is entitled and the Respondent did not refuse to provide records.

Toronto Standard Condominium Corporation No. 2136 v. Longhurst et al. - 2023 ONCAT 30 - 2023-02-27

The neighbour recorded the majority of these incidents and the recordings were also submitted as evidence.   [...]  I note that audio/video recordings are of limited evidentiary value in determining whether there is unreasonable noise unless they indicate a decibel level or there is some other benchmark by which to objectively judge the volume of the sound.   [...]  In this regard, I note that the submitted evidence included a significant number of audio and video recordings, not all of which were required to support this case and whose evidentiary value could have been more closely assessed.

Majoo v. York Condominium Corporation No. 43 - 2023 ONCAT 103 - 2023-07-28

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).

Verjee v. York Condominium Corporation No. 43 - 2023 ONCAT 19 - 2023-02-08

The link to the audio/video recording of the May 18, 2022 AGM. 2. Within 10 days of the date of this Consent Order, the respondent shall provide the applicant with the following:   [...]  A cheque in the amount of $300.00 payable to the applicant for the denial of access to records and to resolve all issues in this Application. COMPLIANCE [5] The terms of the settlement as set out in this Consent Order shall not be treated as confidential.

Trinh et al. v. Toronto Standard Condominium Corporations No. 2745 - 2023 ONCAT 64 - 2023-05-02

That TSCC 2745 has taken the necessary steps to identify the individuals responsible for making the noise by reviewing key fob logs, video footage and other relevant records. Additionally, the seven individuals who received notices from the Condominium manager about dropping weights are all TSCC 2745 residents.   [...]  [12] Moreover, if the Applicants had wanted to have those responsible for making the noise, they would have filed a request for records for any gym violations and address this within their application.

Cho v. Toronto Standard Condominium Corporation No. 1644 - 2024 ONCAT 156 - 2024-10-15

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.

Metropolitan Toronto Condominium Corporation No. 694 v. Velasco-Navalta - 2023 ONCAT 156 - 2023-10-25

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

Mara Bossio v Metro Toronto Condominium Corporation 965 - 2018 ONCAT 6 - 2018-07-06

[3] There is no dispute that the Records fall within the definition of “records” for the purposes of section 55 of the Act.   [...]  [11] The Respondent conceded, and I agree, that the Records requested are records as defined by the Act. [12] The remaining issues are:   [...]  [39] In light of the above, I find that the Respondent was justified in refusing the Applicant’s records request. Issue 2: What are reasonable fees for the Records? [40] The Records requested are not core records, as defined in section 1(1) of the Act. If I had decided that the Applicant was entitled to the Records, the

Chown v. Frontenac Condominium Corporation No. 19 - 2024 ONCAT 133 - 2024-08-28

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;

Salpi Bechlian v Toronto Standard Condominium Corporation No. 2418 - 2018 ONCAT 8 - 2018-08-02

[30] Ms. Bechlian submits that the Incident Report is a Record pursuant to the Act. Section 55 of the Act defines records as follows:   [...]  55(1) The corporation shall keep adequate records, including the following records: 1. The Financial records of the corporation.   [...]  11. All other records, if any, that are prescribed. 12. Any additional records specified in the by-laws of the corporation.

Sinton v. Muskoka Vacant Land Condominium Corporation No. 81 - 2023 ONCAT 90 - 2023-07-17

If the records were not created by the declarant (or its forces) then the records sought by the Applicant are not, in fact, turnover records.   [...]  I accept the evidence, that the records do not exist. [19] Mr. Sinton asks for board minutes, and the record of an application to Superior Court to obtain turnover records from the Declarant.   [...]  Such records were not provided to Mr. Sinton and could not be found in the records of the corporation.