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Decisions from the CAT: Reconsidering “In-Camera” Minutes

Author: 
Christopher Mendes and Robert Mullin
Publication date:
January 26, 2022
Article Summary: 

Discusses recent decisions from the Condominium Authority Tribunal (CAT) regarding the practice of conducting "in-camera" board meetings in condominiums. The CAT questioned the common practice of entirely withholding the minutes of these confidential meetings from unit owners and recommended that all meetings should be conducted in the same manner, with redactions made only for legally permissible information. The article explains that the Condominium Act requires condominiums to keep board meeting minutes and allow unit owners to obtain them upon request, with exemptions for certain records under section 55(4) and solicitor-client privilege. The CAT's decisions emphasized that the Act does not specifically mention ""in-camera"" meetings and considered the withholding of these minutes without reasonable excuse to potentially breach unit owners' rights. The blog post advises condominiums to avoid differentiating between types of meetings and instead minutely review and carefully redact any confidential information. It further highlights that block redactions should be avoided, with explanations provided for each redaction as required by the Regulation. The post concludes by emphasizing that withholding ""in-camera"" minutes can lead to significant costs and penalties and recommends seeking legal counsel for specific questions about permissible redactions.

Keywords: 

CAT, in-camera meetings, condominiums, minutes, Condominium Act, section 55(4), solicitor-client privilege, unit owners' rights, redactions, confidentiality, Regulations, costs, penalties, legal counsel.

Source Citation: 
Christopher Mendes and Robert Mullin
Decisions from the CAT: Reconsidering “In-Camera” Minutes
January 26, 2022
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