Parties to a Legal Proceeding can be Disclosed

In the case of Clegg v. CCC 382 (decided July 10, 2025), the owner asserted (among other things) that certain Board Minutes (made available to all owners) were “inadequate” because those Minutes improperly disclosed the owner’s name (in connection with legal proceedings involving the Corporation).  The owner alleged that this disclosure was not only unnecessary but also unlawful, amounting to a form of “name shaming” intended to embarrass him.

The owner claimed that this was a breach of the Corporation’s obligation to keep the owner’s name confidential in accordance with Section 55 (4) of the Condominium Act.

Nancy Houle of our office argued that disclosing the owner’s name, in the particular circumstances, was perfectly proper.  The Tribunal agreed and dismissed the owner’s claim.

In dismissing the claim, the Tribunal said:

I conclude that in this context, referring to the legal dispute in the minutes is not a violation of s. 55 (4) (c) of the Act because it is not a record relating to a specific unit or owner. It is information about a legal dispute. The minutes contain references to party names, the general nature of the issue, and board decisions related to the case (like appointing counsel and updating Status Certificates). It also includes the outcome and follows up on orders once the decision was released. This disclosure is consistent with the intent of the Act.

In our view, this is an important case which stands for the following principle:  As a general rule, the owners in a condominium are entitled to know the parties to a legal proceeding involving the condominium corporation as well as the status of the legal proceeding and related details that impact all owners in the condominium.   

It is true that, pursuant to Section 55 (4) of the Condominium Act, the owners are entitled (in many circumstances) to have the condominium corporation keep their personal affairs confidential.  However, if dealings with a particular owner culminate in a legal proceeding, the rest of the owners are then entitled to a reasonable level of detail about those legal proceedings (including the names of the parties involved and reasonable detail about the status of the proceeding).  After all, the legal proceedings can cause all of the owners to incur considerable costs; and can have other serious implications for the rights and obligations of all owners.

For this reason:  Details respecting legal proceedings are also disclosed in status certificates and in Periodic Information Certificates issued by condominium corporations.

In our view, the Tribunal nicely diagnosed the unique circumstances that arise when an owner is involved in legal proceedings with a condominium corporation.

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