The Condo Authority Tribunal’s decision in Rahman v. PSCC 779 is the first of its kind under the Tribunal’s expanded jurisdiction.  The case provides a strong warning against condos seeking to unilaterally impose costs against unit owners.

The Tribunal held that it had authority to hear this matter – a dispute concerning parking and indemnification

Unit owners occasionally request records about past and current litigation.  This can happen in the context of a condo’s AGM, a debate with management or a seemingly benign records request.  When is it okay to provide such records?

The CAT recently clarified that when litigation is settled or fully concluded and the record is not solicitor-client/settlement privileged, a record may be examined and produced:  the fact that the record relates to litigation is not a reason to refuse access.


Continue Reading Condo litigation records may be produced after litigation ends

Approximately two months have passed since the CAT’s jurisdiction expanded beyond condo record requests to include disputes regarding, pets, parking, vehicles and storage and chargebacks related to such issues.  However, the CAT has yet to release a decision dealing with these new topics. It may  take some time for cases involving expanded jurisdiction issues to wind through the CAT’s online dispute resolution system.  In the meanwhile, enjoy Part 2 of our deep dive into record disputes (Part 1, here).

Continue Reading Key take-aways from the CAT’s record request decisions – Part 2