Part 47 published on 01/09/14
Condominium corporation ordered to pay $1,000 for breach of confidentiality
The owner and condominium corporation had reached a settlement of the owner’s human rights claim. In the minutes of settlement, the corporation agreed to install a new entrance ramp to the owner’s unit. The settlement agreement also included a provision requiring that the settlement not be disclosed to third parties (with certain exceptions, including disclosure “required by law”).
In a newsletter, the condominium corporation disclosed to all owners the fact that the condominium corporation had installed the ramp at its expense. The Tribunal said that this was a breach of the confidentiality provision in the settlement agreement and ordered the condominium corporation to pay the owner $1,000.
[Editorial Note: In my respectful view, the Tribunal’s decision fails to recognize the condominium corporation’s statutory duty to account to all owners for the corporation’s spending of the owners’ money.]