Part 36 published on 01/12/11
Plaintiff not entitled to see owners’ names and signatures on proxies
In a previous decision, the Court had ruled that the plaintiff owner was entitled to examine certain records of the corporation, including proxies. [See Condo Cases Across Canada, Part 33, February, 2011]. The condominium corporation brought a motion for clarification of the plaintiff’s rights to see proxies. The condominium corporation asserted that, for protection of privacy, the plaintiff should not be permitted to see the names and signatures of the owners who had signed the proxies. The Court agreed. The Court said that the plaintiff should be given photocopies of the proxies, with the names and signatures removed.
In considering the proxies, the Court also said that the names of the chosen election candidates (which according to the Act had to be included in the proxy instrument) did not have to be in the appointer’s hand. The rest of the proxy could be completed by someone else, provided it was then signed by the owner (when complete).
The Court’s decision also included the following:
- The parties had agreed that specific references to unit numbers and names of owners should be redacted from the minutes of Board meetings.
- The plaintiff would pay all reasonable photocopying charges in advance (before receiving copies of documents). However, such charges would not include labour for the redacting of the records.