11/08/2022 – Jurisdiction Ontario
Part 79 published on 01/09/2022
Board minutes were adequate. Owner had brought application, at least in part, for an improper purpose.
The owner claimed that Board minutes provided by the corporation were not adequate because they lacked sufficient detail.
The Tribunal held that the Board minutes provided by the corporation contained adequate detail. Among other things, the Tribunal said:
There is an implied requirement that the minutes be accurate, but the Act does not impose a requirement for comprehensive facts and detail surrounding every decision. Minutes are not required to be a verbatim account of a meeting.
The Tribunal also said that the owner’s reasons for the records requests were, at least in part, improper. The Tribunal said:
…the evidence presented about his past pattern of conduct towards the board indicates he was at least partly motivated to bring this application for an improper purpose, i.e., to cast doubt on the board’s decision-making and to harass it into keeping minutes and providing information in the way he feels is appropriate, and to providing detail he is not entitled to.
…
I have found Mr. Gale’s expectations to be unreasonable, and I find his conduct in pursuit of having them met is unreasonable. While I am not prepared to make an order restricting Mr. Gale’s access to the tribunal at this time, given my findings, I find an award of costs is appropriate.
The Tribunal dismissed the application and ordered the owner to pay costs of $2000 to the condominium corporation.