Gregory John Bell v. Carleton Condominium Corporation No. 70 (Small Claims Court)

The plaintiff, an owner in the condominium, had a number of complaints about the condominium corporation’s handling of the owner’s request for access to records.  

At the initial hearing, the court ruled that an owner cannot be held responsible for costs incurred by the condominium corporation in arranging for access to the records. An owner can only be held responsible for costs respecting the copying of records. 

In a second hearing, the court confirmed the following: 

• Before an owner reviews the records, it is appropriate for the condominium corporation to edit the records by deleting items (listed in section 55(4) of the Condominium Act) which the owner is not entitled to see. 

• The Small Claims Court does not have jurisdiction to grant relief under section 130 of the Condominium Act (the appointment of an inspector) or section 135 of the Condominium Act (the oppression remedy). Applications under those sections must be made to a justice of the Superior Court of Justice.