The issue of asserting solicitor-client privilege in the
condominium context is an interesting one, especially as between
the condominium corporation and the individual unit owners. There
are no simple answers or bright line rules when it comes to
requests by unit owners for access to documents belonging to the
corporation, other than what is expressly set out in Alberta's
legislation. For example, a unit owner can make a "section 44
request" to access particular documents, subject to specific
exceptions.
An interesting case was decided recently in Ontario that
specifically addresses the owners' right to access the
corporation's redacted legal bills. While the decision is not
binding on Alberta condos, it may provide some guidance for
corporations here. The case was an appeal to the Ontario Superior
Court from a decision of the Ontario Condominium Authority Tribunal
(CAT), which had ordered the condo corporation to produce the
invoices. You can read the Court's
