Condominium Corporation’s Records as Court Evidence

When minutes of a board of directors meeting are prepared and held as part of the condominium corporation’s records pursuant to s. 55 of the Condominium Act, 1998, be mindful of the fact that the condominium corporation is creating potential evidence that can be admissible in court as proof of the facts stated in the minutes, unless evidence is tendered to the contrary. Subsection 55(7) of the Condominium Act, 1998 states that:

A copy that a corporation has certified under its seal to be a true copy of a record is admissible in evidence and, in the absence of evidence to the contrary, is proof of the facts stated in it.

There is no prescribed form of minutes to be kept by the condominium corporation. The minutes must include:

  • the date of the meeting;
  • confirmation of attendance and quorum;
  • the decisions/resolutions passed at the meeting;
  • perhaps a brief statement of the topics discussed.

But additional detail is not mandatory. Even so, you may wish to include some additional detail in light of the fact that the minutes might one day be used by the corporation as proof of what was said or done in the past, unless proven otherwise. Alternatively, the minutes might also be used against the condominium corporation, for instance if the Board’s past actions or decisions are one day challenged in a legal proceeding.

The Board should bear this subsection of the Condominium Act, 1998 in mind when minutes are created. Firstly, you should ensure that the information contained in the minutes is accurate. And, depending upon the circumstances, you may also want to consider just how much detail the minutes should contain.