Skip to content

Narrow screen resolution Wide screen resolution Auto adjust screen size Increase font size Decrease font size Default font size default color brick color green color
CAFCOR Forum
_GEN_GOTOBOTTOM Post Reply
TOPIC:
#19105
DIVISIONAL COURT to hear condo corp's APPEAL from ONCAT ruling ; GALE v Halton C.C. # 61 2020/07/14 15:37  
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/j8k9k

Gale v HCC # 61 2019 ONCAT 46 issued Nov 8/19 http://canlii.ca/t/j3gmf
  The administrator has disabled public write access.
#19106
How open should be a OPEN Book (1992 ) ? 2020/07/14 16:30  
27 years ago an Ontario judgment addressed the ideal of an Open Book.

On balance other decisions later - predating records access provisions effective May 4/5 2001 - showed what might happen if a condo corporation came under massive demands for records without being willing and able to spend owners' money to keep up with a torrent . . .

A long story, part of which might be that a property management employee may already be worked to death. Or stretched between many different properties.

Or it's volunteer skillsets and attitudes replying . .

McKay v Waterloo North CC 23 1992 eventually reached canlii : http://canlii.ca/t/g1f6q
http://condomadness.info/Courts-records.html
  The administrator has disabled public write access.
_GEN_GOTOTOP Post Reply
contact webmaster