Are Condominium Residents Entitled to Privacy on the Common Elements?

The Supreme Court of Canada recently ruled on privacy rights in the context of the charge of "voyeurism" and established that people have a reasonable expectation of privacy where they would reasonably expect not to be the subject of a recording. This raises the question of whether condominium residents are entitled to privacy on the common elements. While the answer depends on the particular circumstances, the Supreme Court's decision confirms that there may be situations where residents can reasonably expect their privacy to be maintained by the condominium corporation. Condominiums may want to consider implementing rules and policies on how recordings are taken, stored, and used by the corporation, and whether there is signage to advise residents and guests that the common elements are under surveillance. The considerations would also be relevant when determining owners' entitlement to privacy at owner's meetings.