Owners Are Not Entitled to Email Addresses of Other Owners

The Condominium Authority Tribunal (CAT) has confirmed that owners are not entitled to see the email addresses of other owners.

This issue was previously addressed by Ontario’s Small Claims Court in the case of Wu v. Carleton Condominium Corporation (decided prior to the 2017 amendments to the Condominium Act and regulations).  In the Wu case, the Small Claims Court held that “electronic addresses are not part of an address of service” within the meaning of section 55 of the Act, and accordingly are not available to be seen by other owners (without their consent).

CAT has now confirmed that the same principle still applies (following the 2017 amendments).  In the case of Samuel v. MTCC 979, CAT held as follows:

The Applicant is not entitled to examine or receive copies of the e-mail addresses of owners and mortgagees. I find that the statement of the method of electronic communication which sections 46.1(3)(d) and (e) of the Act require corporations to maintain as part of the Record of Owners and Mortgagees does not include e-mail addresses. Further, in accordance with section 55(4)(d) of the Act and section 13.11(2)1 of O. Reg. 48/01, the Applicant is not entitled to examine or obtain the record of method of electronic communication.

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