Learn More – Recent Decision About Records Requests
In the recent case of Jalbout v. Carleton Condominium Corporation No. 272, the Condominium Authority Tribunal considered an owner’s request for various records. The Tribunal determined that while the owner was entitled to some of the requested records, many of the requests were overly broad and not justified.
Key Takeaways from the Decision:
One of the central issues was that several of the owner’s requests were deemed to be “fishing expeditions”—requests made without a clear or specific purpose, hoping to uncover potential but unidentified issues. The Tribunal offered the following definition of a fishing expedition:
“Casting a wide and imprecise net in the hopes of discovering some anticipated but unspecified issues or errors that might or might not exist.”
The Tribunal concluded that the following records requests fell into this category due to their vague descriptions and extensive time periods:
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Board meeting minutes from December 20, 2017, to February 10, 2023
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“All approved alterations to common grounds” from January 1, 1982, to February 10, 2024
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Invoices for all expenditures and work performed from January 1, 2019, to February 10, 2024
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Condominium returns and Notices of Change filed with the CAO from January 1, 2019, to February 10, 2024
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Various requested emails from January 1, 2019, to February 10, 2024
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Board meeting invitations from January 1, 2019, to February 10, 2024
The Tribunal stated:
“The Applicant should have been clearer and specific in the first place and requested only such records from such periods of time and in relation to such matters as she could reasonably identify as being directly relevant to her valid concerns. Not having done so… I find that these requests qualify as fishing expeditions.”
Records the Owner Was Entitled to Receive:
However, the Tribunal did find that the owner was entitled to certain records that directly related to her own unit, including:
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Complaints related to her unit (December 20, 2017 – February 10, 2024)
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Investigative report findings related to her unit (January 1, 2019 – February 10, 2024)
In this context, the Tribunal explained:
“Although the periods of years covered in these requests are broad, the fact that these records relate directly to the Applicant’s own unit gives them a more narrow and precise focus… The same fact also means that they should be readily identifiable by the Respondent.”
The Applicant also clarified that the investigative reports referred specifically to:
“Documentation justifying the charges added to my [common expense] account in the absence of a court order or judgment.”
Redaction Obligations
The Tribunal ordered the condominium corporation to provide these specific records, subject to appropriate redactions in accordance with subsection 55(4) of the Condominium Act. The Corporation must also comply with subsection 13.8(1) of Ontario Regulation 48/01, which outlines required statements to accompany redacted records.
In short: When responding to a records request involving complaints, the condominium corporation must carefully assess what redactions are necessary before releasing the records.
May 8, 2025 | James Davidson CLICK TO READ