The applicant, a condominium unit owner, requested copies of a Statement of Claim and Statements of Defence related to litigation initiated by the condominium corporation against third parties.
The condominium corporation refused, citing litigation privilege and its discretion under the Condominium Act.
The Condominium Authority Tribunal found that the requested records were public court documents not subject to privilege, and that the board's refusal to exercise its discretion to disclose them was unreasonable given the Act's open book principle.
The Tribunal ordered the disclosure of the existing records and awarded the applicant her filing fees, but declined to order the disclosure of future records, a penalty, or mandatory director training.