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Asserting Privilege In The Condominium Context

Erin Berney
Publication date:
October 9, 2020
Article Summary: 

The article delves into the nuanced issue of solicitor-client privilege within the condominium framework, particularly concerning requests from unit owners to access corporation documents. It highlights the Ontario case, Gale v Halton Condominium Corporation No. 61, which tackled the issue of unit owners seeking access to redacted legal bills of the corporation. The Ontario Superior Court ruled that the corporation's communication, which specifically criticized certain individuals for alleged unreasonable actions, constituted a waiver of privilege over the legal bills. This case underscores the critical importance of communication by condo corporations to unit owners and the necessity for careful consideration when disclosing sensitive information. It illustrates how such communications can inadvertently lead to the waiver of legal privileges, emphasizing the need for vigilance in managing and disseminating information within the condominium community. This legal precedent serves as a reminder of the delicate balance between transparency and protecting legal rights within the unique context of condominium governance and the implications for solicitor-client privilege in such settings.


solicitor-client privilege, condominium, unit owners, legal bills, waiver, communication.

Source Citation: 
Erin Berney
Asserting Privilege In The Condominium Context
October 9, 2020
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