Condominium Authority Tribunal Decision: Smith v. Peterborough Condominium Corporation No. 38

Strategic Insights -

The Condominium Authority Tribunal (CAT) has issued a decision in the case of Smith v. Peterborough Condominium Corporation No. 38, ruling in favor of the respondent, Peterborough Condominium Corporation No. 38 (PCC 38). The applicant, Robert Smith, had requested records related to the condominium's fire alarm system upgrades and tax filings. PCC 38 was found to have acted reasonably in charging fees for producing the records, and the applicant's claims were ultimately dismissed. The tribunal also found no evidence to support a penalty for failure to provide the requested records.

Key Takeaways:

  • The applicant, Robert Smith, requested records related to PCC 38's fire alarm system upgrades and tax filings.
  • PCC 38 charged fees for producing the records, which the applicant claimed were unreasonable.
  • The tribunal found that PCC 38 acted reasonably in charging fees and that the applicant's claims were ultimately dismissed.
  • The tribunal ruled that the applicant was not entitled to any costs, citing the unsuccessful nature of the case.
  • This was the eighth records case between the parties, highlighting ongoing acrimony between the applicant and the respondent.

Statistics:

  • 8: The number of records cases between the applicant and respondent.
  • 30: The hourly rate at which PCC 38 charged labor costs for producing records.
  • 15: The fee charged by PCC 38 for producing records.
  • 200: The amount requested by the applicant for Tribunal application fees.
  • 1.44 (1)6: The subsection of the Condominium Act, 1998, related to penalties for failure to provide records.

Sources:

  • Ontario Condominium Act, 1998.
  • Condominium Authority Tribunal's Rules of Practice.
  • Cardiff, D. (n.d.). Condominium Act, 1998. Retrieved from