14/02/2022 – Jurisdiction Ontario
Part 77 published on 01/03/2022
Owner entitled to see legal invoices subject to proper redacting for solicitor-client privilege and litigation privilege
The owner made a request for various records, including legal invoices received by the condominium corporation from the corporation’s legal counsel.
The Condominium Authority Tribunal (CAT) confirmed that the owner was entitled to review the invoices, but only after the invoices had been properly redacted for removal of privileged information and other information in Section 55(4) of the Condominium Act, including information about other owners. The CAT’s decision included the following:
Based upon such case law and the submissions of the parties, I find that the legal invoices in question are subject to both solicitor-client privilege and, where specifically relating to actual or contemplated litigation proceedings, litigation privilege and/or the exception set out in section 55(4)(b) of the Act.
The CAT went on to say that “redactions should be minimal, sufficient to remove just the information that is appropriately considered privileged or is otherwise exempted from disclosure under section 55(4) of the Act”.
The CAT said that privilege (whether solicitor-client privilege or litigation privilege) can also apply to information relating to the applicant owner.
The CAT also held that – on the facts of the particular case – there had been no waiver of privilege.
Emerald PG Holdings Ltd v Toronto Standard Condominium Corporation No. 2519 (CAT)