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Can Unit Owners Examine Opinions or Invoices from the Condominium's Lawyer?

Michelle Kelly
Publication date:
June 8, 2020
Article Summary: 

The article discusses the rights of owners to examine condominium records, including legal invoices and opinions from the condominium's lawyer. Subsection 55(3) of the Condominium Act, 1998, gives owners the right to examine or obtain copies of the condominium's records, subject to certain limits described in subsection 55(4). However, subsection 55(4) excludes certain records, including those related to other owners or units and those "relating to actual or contemplated litigation." The article includes two cases where the Condominium Authority Tribunal (CAT) was asked to adjudicate record requests for opinions and other communications from the condominium's lawyer. The article provides lessons for condominiums when disclosing information related to communications with the condominium's lawyer and when charging an owner for legal costs.


Condominium Act, owners' rights, record requests, solicitor-client privilege, legal invoices, waiver of privilege, common elements, rule violations, legal costs.

Source Citation: 
Michelle Kelly
Can Unit Owners Examine Opinions or Invoices from the Condominium's Lawyer?
June 8, 2020
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