17/08/2022 – Jurisdiction Ontario
Part 79 published on 01/09/2022
Requested reports not records of the condominium corporation
The Tribunal held that certain reports, requested by the owner, were not records of the condominium corporation because they had not yet been received and accepted by the Board as part of the technical advice being provided to the corporation. The Tribunal said:
Not every document provided to a corporation must be kept as a record of the corporation. While the records at issue were different, the Tribunal’s decision in Ronald Smith v Metropolitan Toronto Condominium Corporation No. 773, 2019 ONCAT 24, was that management reports presented to a board of directors only became records of the corporation “to the extent that they are accepted by the Board and reflected in the minutes of a Board meeting.” While the evidence is that some individual members of the Respondent’s board have had access to the LDS reports, even if the board itself has been provided with some reports of the findings of LDS, as the Applicant asserts, there is no evidence before me to indicate that it has formally reviewed and accepted these reports. LDS is not making recommendations to the board; rather, its findings will be analyzed by Edison and may be incorporated into the Edison report(s) provided to the board.
The evidence is that the Respondent is awaiting Edison Engineers’ report(s) with its analysis of the results of LDS’ investigation and its recommendations for further action. Therefore, I find that the reports requested by the Applicant in his May 30, 2022 Request for Records are not records of the corporation and the Applicant is not entitled to receive copies of them. When the Respondent receives and accepts Edison Engineers’ report(s), they would become records the corporation is required to keep under section 55 (1) of the Act and the Applicant would be entitled to examine or receive a copy of those records.
Morassut v. Middlesex Standard Condominium Corporation No. 922