Owner Not Entitled to Request Draft AGM Minutes or AGM Recording

The CAT determined that an owner is not entitled to access draft minutes and recordings of AGMs that have not been approved by the owners. The CAT held that draft minutes are not records of the condominium corporation until they have been approved by the owners. The recording might not even become a record of the corporation, particularly if the recording is only provided to the minute taker as a “work product” to help the minute taker prepare the minutes. The owner's reason for requesting the recording did not meet the “basic ‘test” underpinning the right to examine or obtain a copy of a record under Section 55”, as noted in Section 13.3(1) of Regulation 48/01.