1. |
is the Applicant entitled to all of the records requested, including the record of owners and mortgagees? |
2. |
is the Respondent’s demand for a fee for the requested records in compliance with the law? |
3. |
should an award of costs and/or a penalty be ordered in favour of the Applicant? |
a. |
immediately and in any event no later than one business day after payment of $110.25 by the Applicant to the Respondent, deliver to the Applicant the financial records that the Respondent states it has already copied and prepared for pick-up by the Applicant; | |
b. |
within seven (7) days of the date of issuance of this order, deliver to the Applicant in electronic format (either uploaded to the Applicant’s Dropbox account or on a flash drive, at the Applicant’s direction) and at no cost to the Applicant, all the Requested Core Records (other than the financial records); | |
c. |
within thirty (30) days of the date of which the Applicant pays $378.00 to the Respondent, deliver to the Applicant in electronic format (either uploaded to the Applicant’s Dropbox account or on a flash drive, at the Applicant’s direction) all of the Requested Non-Core Records (other than the financial records); and | |
d. |
within thirty (30) days of the date of issuance of this order: | |
i. |
pay to the Applicant costs in the amount of $125; and | |
ii. |
pay to the Applicant a penalty in the amount of $1,000. |
1. |
TSCC No. 1753, in accordance with the undertaking given at this hearing, shall notify the Applicant about the completion of the 2016-2017 audited financial statement as soon as these are available. |
2. |
TSCC No.1753, in accordance with the undertaking given at this hearing, shall provide the 2016 and 2017 (to November 30, 2017) bank statements, with copies of cheques written on the account, to the Applicant free of any charge for photocopying, by no later than June 30, 2018. |
1. |
Paper copies of the Minutes of the Board meetings for the 12 months prior to March 1, 2018. |
2. |
Paper copies of the receipts and records relating to the removal of mould from the sauna. |
1. |
paper copies of the minutes of the Board meetings of PCC#94 for the 12 months prior to March 1, 2018, and |
2. |
paper copies of contracts and payments made to two subcontractors, Spectrum Building Services and Respond Plus, for mould removal work done on the sauna and mailroom, respectively, during the month of November, 2017. |
1. |
MTCC No.704 shall pay a penalty in the amount of $500 to Mr. Barreto-Rivera within 30 days of the date of this decision. |
2. |
The Applicant shall be given a credit toward his next monthly contribution to common expenses equal to his proportionate share of the $500 penalty (applying the proportions set out in schedule D to the declaration) as if he has prepaid the same. |
i. |
The list of Owners and Mortgagees; |
ii. |
The most recently approved financial statements; |
iii. |
Minutes of board meetings held within the preceding 12 months; and |
iv. |
Ballots used in the Annual General Meeting elections on May 23, 2018. |