21/12/2022 – Jurisdiction Ontario
Part 81 published on 01/03/2023
Owner’s request for records did not constitute a fishing expedition
The owner requested records “about the cleanliness, security, repairs and water issues in the common elements of YRSCC 1090 for the period from May 17, 2021 to May 16, 2022”.
The Tribunal held that this request did not amount to a “fishing expedition”, and ordered the condominium corporation to provide the records if the owner first paid reasonable fees for the requested records. The Tribunal specifically ordered as follows:
1. Within 60 days of the date on which Mr. Shoom makes a payment under section 5 of this order, YRSCC 1090 will provide Mr. Shoom with access to the records he has requested, specifically records “relating to issues of cleanliness of the common areas, security and common area repairs and water issues” for the period from May 17, 2021 to May 16, 2022 and specifically for records in the following formats:
i. Daily and event security logs;
ii. Service requests made by unit owners through Condo Control or Icon Connect (data platforms operated by two separate property management companies); and
iii. Email correspondence and/or letters received from unit owners.2. YRSCC 1090 may claim any applicable exemption from the requirement to provide records that is set out in the Act or the Regulation.
3. YRSCC 1090 may also redact information that is protected under the Act or the Regulation from any record it provides Mr. Shoom.
4. YRSCC 1090 may charge the following fees for the production of the records:
i. For the daily security logs set out in section 1 (i) of this order, the amount of $1,095;
ii. For the event security logs set out in section 1(i) of this order, the amount of $291.20; and
iii. For the service requests set out in section 1(ii) of this order and the email and letters set out in section 1(iii) of this order, the amount of
$7,150.5. Mr. Shoom may either pay this amount and receive the records or pay the amount specified in any section set out above and receive those specific records. Mr. Shoom may also choose not to pay any amount and receive no records.
6. The total amount to be paid by Mr. Shoom will be reduced by the amount of $80 for the money he has paid to date. If Mr. Shoom choses to receive no records, YRSCC 1090 will refund the $80 he has paid.
7. Within 30 days of the date of this order, YRSCC 1090 will reimburse Mr. Shoom the amount of $200 on account of the filing fees he paid to bring this application to the Tribunal.
Shoom v York Region Standard Condominium Corporation No. 1090, 2022 ONCAT 145