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UNLAWFUL records charge got NOMINAL SANCTION - KULIK v Y.R.C.C. # 772 2020/08/13 22:39  
Not legal advice as usual.

The adjudicated outcomes from ONCAT Ontario's Condominium Authority Tribunal can offer a look at how Ontario condo governancers have had to struggle to keep up with a lot of new paperwork. And with the expectations of consumers who expect more than many of their prior counterparts.

Comparing Ontario's minimal 1967 version with today's massive Act & prescribed Regs, one can appreciate the wider value of an outcome that "remedies" & gets 'sincere but straying' folks out of the ditch and back onto the gravel roadway . . .

That's rather than trying to outright nail someone's reputation to the wall for breaking the law out of ignorance . . .

Kulik v Y.R.C.C. # 772 2020 ONCAT 27

ONCAT applies only nominal $ 300 penalty against disclosure-vetting condo Board after its property manager unlawfully demanded an unlawful records fee no longer legal.

( A requested digital copy of a Core Record must be provided gratuitously ; below see Reg 48/01 ss 13.3 (8) - 4 )

Apparently more familiar with condo law, the requester promptly identified in writing the illegality of the charge. But the manager failed to resubmit such to the vetting Board. ( A cited previous adjudication kicks around why a condo board of volunteers needs to try to play some sort of vetting role in discharging a legislated / compulsory record-access right . . .)

Although the manager appears to have been unfamiliar with at least part of Reg 48/01, during ONCAT mediation the illegality was reconfirmed by ONCAT, was FINALLY ACCEPTED & the digital CORE record released without charge.

ONCAT points out that without the requester's applying to the Tribunal such unlawful charge could have been the final outcome here and ongoing. The universe can again unfold . . .

Xcrpt from ONTARIO REGULATION 48/01 - GENERAL https://www.canlii.org/en/on/laws/regu/o-reg-48-01/latest/o-reg-48-01.html#sec13.3subsec8_smooth as prescribed to Ontario's Condominium Act 1998 S.O. 1998 ch c19 http://canlii.ca/t/54cfq :

Records / Examination of records
13.3 . . . .

. (8) The fee payable for the request shall be calculated in accordance with the manner set out in the board’s response, subject to the following conditions: . . . .

4. If the request is to examine or obtain a copy of a core record, the corporation shall not charge any fee for the request if it delivers the copy to the requester in electronic form.. . ." - unquote

Kulik v Y.R.C.C. # 772 2020 ONCAT 27 issued Aug 11/20 http://canlii.ca/t/j94k5
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