Peter Kane v. The Owners Strata Plan LMS 2373 (Supreme Court of British Columbia)

The petitioner, an owner in the strata corporation, asserted that the corporation had failed to produce all documents that it was required to keep and to make available pursuant to the Strata Property Act.  The owner also asserted that the corporation had failed to make reasonable efforts to recover documents in electronic form that had apparently been lost or deleted.  

In particular, the owner asserted that the strata corporation had failed to produce minutes of certain meetings as well as certain email correspondence that took place between strata Council members. 

The Court said that the strata corporation had met its obligations, and dismissed the application. The Courts reasons included the following:  

• ·        The Strata Property Act does not require that the corporation keep all correspondence between individual members of Council that may or may not relate to the business of the corporation.

• ·        The Act requires that the corporation keep minutes of meetings at which decisions are taken. There is no need to keep minutes of informal meetings or discussions at which no decisions are taken.