Not legal advice,as usual
An appeal BY
Halton C.C.# 61 against an
ONCAT Condominium Authority Tribunal adjudication will be heard by Ontario's Divisional Court.
It may be ONCAT's first such and is platformed by subsection 1.46 (2 ) of the Ontario
Condominium Act 1998 ’s ONCAT provisions.
It's an appeal right ( from ONCAT adjudications ) to Divisional Court
ON ISSUES OF LAW ONLY and without need for prior leave.
In November 2019 ONCAT ordered that records applicant owner Mr Gale receive 13 months of
redacted legal invoices as to his own unit. ( In context : owner Gale’s identity arguably could be guessed by owners after the condo President’s Oct 2018 general mail-out to owners denounced an unidentified group whose records requests he claims were raising costs and impeding management. At least knowing what his own unit had allegedly cost, might help to demonstrate just how valid and material were the President's denunciations. )
In 2019 ONCAT also rejected H.C.C. # 61’s demands for both a specific penalty against owner Gale - adjudicated ultra vires - and a $1 500 award for its claimed $ 7, 500 costs to defend there.
Whatever the merits, this records request is now entering pricey territory not likely contemplated much by Ontario's legislature nor those interested in transparency and consumer rights. Is this the strategy ?
But the appeal at least must address only an "issue of law", not a particular outcome within an adjudicator's reasonable range of handling mixed facts & law under a tribunal's "home jurisdiction". . .
Gale v HCC # 61 2020 ONSC 4168 issued July 6/20
http://canlii.ca/t/j8k9kGale v HCC # 61 2019 ONCAT 46 issued Nov 8/19
http://canlii.ca/t/j3gmf 
