Who Pays the Cost to Redact Records When Owners Request Documents?

In the case of Patricia Gendreau v Toronto Standard Condominium Corporation No. 1438, the Condominium Authority Tribunal (CAT) ruled that condominiums do not have a legal basis to redact personal information from records requested under section 55(3) of the Condominium Act based on the Personal Information Protection and Electronic Documents Act (PIPEDA). However, section 55(4) and 55(6) of the Condominium Act require certain information, including personal information, to be protected from disclosure. The CAT confirmed that while boards have a duty to protect against the disclosure of certain information, it does not mean that every non-core document must be reviewed for possible redaction to meet this duty. Boards must use their judgement to assess whether the contents of a record will require it to be reviewed for redaction. The cost to review and redact records can only be charged back to the owner requesting the records in certain circumstances. Otherwise, the condominium is likely responsible for the cost of the legal review as a cost of doing business.