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Choose your role:
Niagara South Condominium Corporation No. 12 v. Spicer - 2022 ONCAT 22 - 2022-03-21
Corporation:
NSCC 12 S
Date:
2022-03-21
Summary:
In the case of Niagara South Condominium Corporation No. 12 v. Spicer (2022 ONCAT 22), the Condominium Authority Tribunal addressed the protection of personal information submitted during a dispute involving the condominium's governing documents, indemnification or compensation, and pets and animals. The Applicant, Niagara South Condominium Corporation No. 12, sought a confidentiality order for personal medical information submitted as evidence. The Tribunal issued the confidentiality order to protect this sensitive information, making specific exhibits confidential and not part of the public record. All parties involved were required to safeguard this confidential information and refrain from disclosing or sharing it.
Under:
CAT Decisions - Motion Order
Compliance with Governing Documents
Indemnification or Compensation
Pets and Animals
Verdict:
In the case of Niagara South Condominium Corporation No. 12 v. Spicer (2022 ONCAT 22), the Condominium Authority Tribunal issued a confidentiality order to protect highly sensitive personal medical information submitted as evidence, demonstrating the Tribunal's commitment to safeguarding the privacy and confidentiality of individuals involved in condominium disputes. This order serves as a reminder of the importance of maintaining privacy and discretion when handling sensitive personal information within legal proceedings.
Takeaways:
In the case of Niagara South Condominium Corporation No. 12 v. Spicer (2022 ONCAT 22), the Condominium Authority Tribunal issued a confidentiality order to protect sensitive personal medical information submitted as evidence during a dispute.
The confidentiality order was issued under Rule 21.5 of the Tribunal's Rules of Practice, which allows the Tribunal to take steps to protect the confidentiality of personal information.
The Applicant, represented by counsel Christopher Mendes, submitted personal medical information related to both themselves and another individual as part of the case.
The confidentiality order designates specific exhibits (Exhibits 2, 3, 5E, and 5I) as confidential and not part of the public record.
All parties involved in the case are obligated to ensure that any personal information or adjudicative records deemed confidential remain private and cannot be disclosed, shared, or communicated to anyone outside of the proceedings.
Recommendations:
Maintain Strict Confidentiality: All parties involved in legal proceedings, including tribunals and courts, should be vigilant in safeguarding personal and sensitive information. Implement strict measures to ensure the confidentiality of such data to protect the privacy of individuals.
Adherence to Privacy Policies: Ensure compliance with applicable privacy policies and regulations, as seen in this case with Rule 21.5 of the Tribunal’s Rules of Practice. Abide by these rules to protect confidential information.
Raise Awareness: Legal professionals and self-represented individuals should be educated about the importance of protecting personal information. Awareness programs and training sessions can help in this regard to prevent inadvertent disclosures of sensitive data.