Part 1 published on 01/02/03
Strata corporation required to provide proof of owners’ consents and special resolution respecting claims on behlaf of owners
The Strata Corporation had asserted claims on behalf of individual owners. Under British Columbia’s Condominium Act, the Strata Corporation could do so only if the owners consented in writing and if the claims had been authorized by special resolution of the Strata Corporation.
The defendants asked for proof of the consents and of the special resolutions. The Strata Corporation took the position that those documents were protected by privilege.
The Court said that the defendants in the Court Action were entitled to see the consents and the special resolution. The Court said that the concept of privilege has no application to such documents. Those documents were created specifically for the purpose of authorizing the litigation and the defendants were entitled to enquire into the plaintiff’s authority.