04/08/2024 – Jurisdiction Ontario
Part 86 published on 01/06/2024
Owner entitled to copies of Statement of Claim and Statements of Defence in Court action commenced by condominium corporation.
The condominium corporation had commenced a Court action against the City of Toronto and others for alleged damages due to the establishment of a nearby shelter for homeless people. The owner asked for copies of the Statement of Claim and Statements of Defence in the condominium corporation’s Court action. The Condominium Authority Tribunal held that the owner was entitled to the requested records (based upon the Tribunal’s finding that neither litigation privilege nor solicitor-client privilege attached to the records).
The condominium corporation appealed the Tribunal’s decision. The Divisional Court dismissed the appeal. The Court said:
…litigation privilege is designed to create a zone of privacy around documents held by a party in litigation. It would not extend to pleadings which are exchanged in an action. These are public documents.