Condominium Authority Tribunal Decision – No Access To Owner Personal Information On Proxies

The Ontario Condominium Authority Tribunal has ruled against an owner's request for unredacted proxies, which would have disclosed the names and unit numbers of other owners. The owner wanted to audit an election of directors, which she suspected had been manipulated due to the number of proxies submitted. However, the Tribunal cited regulations to the Condominium Act, which state that the right to examine or obtain copies of records does not apply to any portion of a ballot or proxy form that identifies specific units in a corporation or owners in a corporation unless a by-law of the corporation provides otherwise. While the corporation was successful in the application, the Tribunal refused to award the corporation legal fees, saying it had no reason to conclude the owner's application was either frivolous or not filed in good faith.