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Barrese v. Toronto Standard Condominium Corporation No. 2163

Corporation:

​

Date:

2025-04-22

Summary:

This case pertains to a dispute over the disclosure of records related to the condominium corporation's legal proceedings and insurance claims. The applicant, a unit owner, requested specific records, but the corporation claimed that some of those records were not relevant to the business of the corporation or were privileged.

Under:

Records

Verdict:

The CAT ordered the condominium corporation to provide the applicant with some of the records they requested. However, the CAT also ruled that certain records related to legal proceedings and insurance claims were not relevant to the corporation's business or were privileged. This case highlights that while owners have a right to access records, there are limits to this right, and not all records may be deemed relevant by the CAT.

Takeaways:

- Condominium corporations must provide owners with access to records, but there are exceptions for certain types of privileged information.
- Legal proceeding records and insurance records may not always be relevant to the corporation's business, and therefore may not be required to be disclosed.
- The Condominium Authority Tribunal (CAT) has the discretion to determine what records are relevant and necessary to be disclosed.

Recommendations: 

- Condominium boards or managers should understand the scope of records that they are required to disclose to unit owners.
- They should also be aware of the exceptions, such as privileged information and records that are not relevant to the business of the corporation.
- Condominium boards or managers should seek legal counsel if unsure about the relevance or privilege of certain records.

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