CAT Case #6 this year Awards Condo Corporation $4,200 in Legal Expenses and Upholds $600 Record Production Cost
Ian Darling, Chair of the Condominium Authority Tribunal rendered the decision in the case of Lochner v. Toronto Standard Condominium Corporation No. 1953 on January 17th, 2023.
The Applicant, an owner at TSCC 1953, had requested a significant number of non-core records and had been informed that the estated cost to produce the non-core records requested was $600.
The Corporation provided a list of how much time was estimated to be required to produce each document at the rate of $25 per hour, which produced the total estimate of $600 being contested. The corporation had also sought $48 in copying fees.
CAT Chair Darling noted the breakdown of the hours that were estimated to be needed for each record requested was important in his decision to uphold the charge of $600 for producing the records.
The Applicant and the Corporation had each sought to recoup legal expenses, pending the outcome of the case. In considering the circumstances, Mr. Darling noted that the Applicants "unreasonable" behaviour as being key in his decision to award $4,200 (80%) of the Corporation’s legal costs be paid be the Applicant.
The behaviour of the Applicant that was deemed unreasonable included contacting CAT members and facilitators through inappropriate means and making repeated appeals for the CAT to address matters unrelated to the matter at hand.
In total, the CAT Chair ordered the Applicant to pay $4,200 to the Corporation in legal expenses, and if he still wants the requested records, another $600 in labour costs.