06/06/2023 – Jurisdiction Ontario
Part 83 published on 01/09/2023
Owner entitled to redacted invoices for legal services
The Tribunal held that the Applicant owner was entitled to receive copies of invoices for legal services (received by the condominium corporation), but subject to prior redacting by the condominium corporation. The Tribunal also said that the condominium corporation could charge a reasonable fee for the required redacting, determined to be $125 per hour. The Tribunal said:
When considering what redactions that should be made to the legal invoices prior to providing them to the Applicant, I agree with the Tribunal’s conclusions about the appropriate scope of redaction as set out in Anderson, which at paragraph 24 reads as follows:
I find that the Respondent is required to provide the legal invoices to the Applicant, but that they are entitled to redact description of number of hours billed, the hourly rates, the services provided, the names of specific counsel who provided the services, and the dates of the invoices. The invoices must show the total amount for each. As per s.13.3(3)(8) of Ontario Regulation 48/01 (O. Reg 48/01) NSCC 12 is entitled to charge a fee for the actual labour and delivery costs it incurs for providing these records.
I further direct that the redaction should ensure to redact any identifying information pertinent to the identity of an individual, or any type of communication and narrative descriptions. The invoices provided to the Applicant should only show the total amount billed to, and/or paid by WSCC 379. These redactions will respect the confines of solicitor-client privilege and section 55 (4) of the Act, while also respecting the premise of “open book” and transparency, which is of concern to the Applicant.
…
Having considered the evidence before me on the issue of what is a reasonable fee, I find the Respondent is entitled to charge the Applicant $125 an hour, plus HST, for redacting the legal invoices. This amount takes into consideration the fact that the review of the legal invoices for redaction is more than a clerical task.
Di Felice v. Wentworth Standard Condominium Corporation No. 379, 2023 ONCAT 77