Category:
Records
Save this article >
Can A Records Request Be Made For An Improper Purpose And/Or An Abuse Of Process? A Recent CAT Decision Weighs In
Author:
David Lu
Publication date:
November 15, 2022
Article Summary:
The recent decision from the Condominium Authority Tribunal (CAT) in Gale v Halton Condominium Corporation No. 61 deals with the issue of whether board meeting minutes are “adequate” in accordance with section 55(1)2 of the Condominium Act. The CAT held that the Board Minutes provided by Halton Condominium Corporation No. 61 were “adequate.” Additionally, the decision addressed whether an owner's request for records was made for an improper purpose and/or was a vexatious abuse of process. The Tribunal concluded that the owner did not have proper reasons for his records request, and ordered the owner to pay $2000 in costs to HCC 61. The decision serves as a reminder that the CAT may use tools such as restricting access to the CAT or a substantive cost award to address the conduct of such owners who use the records request mechanism for other ulterior motives.
Keywords:
Condominium Authority Tribunal, CAT, records request, abuse of process, board minutes, adequacy, accuracy, comprehensive facts, details, decisions, granular, verbatim, vexatious, ulterior motives, cost award, access restriction, HCC 61, Gale.
Source Citation:
David Lu
Can A Records Request Be Made For An Improper Purpose And/Or An Abuse Of Process? A Recent CAT Decision Weighs In
November 15, 2022
Did you find this article useful?
Your feedback is important not only to us, but to all the other key players in the condo industry. Help us by letting us know if this article is relevant and useful. This will help us prioritize articles that provide helpful guidance to other key players like you.
Please login to use this feature.
![](https://static.wixstatic.com/media/76de54_e1b939d5a3cc45b088e4a23368eec235~mv2.jpg/v1/fill/w_812,h_220,al_c,q_80,usm_0.66_1.00_0.01,enc_auto/76de54_e1b939d5a3cc45b088e4a23368eec235~mv2.jpg)