13/05/2019 – Jurisdiction Ontario
Part 66 published on 01/06/2019
No evidence that Applicant had improper reason for requesting records
The condominium corporation argued that there was evidence that the Applicant owner had requested records for reasons not related to his interest as an owner. The Tribunal held that there was no such evidence (and the Applicant was accordingly entitled to the requested records). The Tribunal said:
In the request for records form, an owner must certify that the request is in relation to their interests as an owner. Since Mr. Benjamin checked off the appropriate attestation, the onus falls to the Respondent (condominium corporation) to prove otherwise. The Respondent relies on prior conduct of the Applicant to demonstrate that the request is not related to his interests as an owner. For the reasons stated herein, I am not persuaded by the Respondent’s argument. The fact that Mr. Benjamin’s behaviour is considered disruptive does not demonstrate that his request is not related to his interests as an owner. The Respondent might not like his conduct and might reasonably believe it ultimately undermines his interests and those of other owners, but this does not mean the request did not relate to those interests having regard to the purposes of the Act.
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I have reviewed in some detail the assertions made by the Respondent regarding Mr. Benjamin’s previous conduct in the previous paragraphs given the extensive evidence lead by the Respondent on this issue, there is no provision in the Act that requires an owner to display non-disruptive or “good” conduct as a condition to obtaining records under subsection 55(3) of the Act. Furthermore, I note that the record request was made in March 2018. The alleged occurrence of inappropriately sharing the records occurred on June 13, 2018. And the allegation regarding the letter spreading false rumours was the end of May. Both incidents are well after the corporation had failed to provide the records requested in March. The Board appears to be relying on a retroactive justification for not providing the records requested based on the Applicant’s disruptive behaviour subsequent to their refusal.
Sohail Benjamin v Peel Standard Condominium Corporation No.1008, 2019 ONCAT 10