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Decisions From The CAT: Records Requests & Solicitor-Client Privilege

Christopher Mendes and Robert Mullin
Publication date:
September 17, 2020
Article Summary: 

Discusses a recent decision by the Condominium Authority Tribunal (CAT) in Landau v. Metropolitan Toronto Condominium Corporation No. 757 regarding the applicability of solicitor-client privilege to condominium corporations. The CAT clarified that solicitor-client privilege does apply to condominiums, protecting communications between a lawyer and their client from disclosure. The blog post explains that while there are exceptions, certain conduct can waive solicitor-client privilege. The case involved a dispute over the creation of a new rule by the condominium corporation, with the unit owner demanding access to the legal opinion obtained by the corporation. The CAT ruled that the Act's general records entitlement provision does not replace solicitor-client privilege, and the language in the Act is not clear enough to oust the application of privilege. Furthermore, the CAT determined that only clients can waive solicitor-client privilege, and the corporation's lawyer speaking at an owners' meeting did not constitute a waiver. The blog post concludes by advising condominiums to seek legal advice when faced with requests for privileged information.


CAT, solicitor-client privilege, condominium corporations, communication, disclosure, waiver, legal opinion, records entitlement, unit owner, Act, lawyers, legal advice.

Source Citation: 
Christopher Mendes and Robert Mullin
Decisions From The CAT: Records Requests & Solicitor-Client Privilege
September 17, 2020
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