What Is an Adequate Minute?

In the case of Schwartz v. TSCC 1443, the owner alleged, among other things, that the condominium corporation had failed to provide “adequate” Board minutes. The owner’s reasons were as follows:

The Applicant submits that minutes that were provided do not capture all discussions and scope of the business that occurred during the meeting as to create an “open book” for the reader. The Applicant indicated that in the October 27, 2022, minutes, it notes that discussions about residents’ concerns and requests were conducted in-camera and in the December 13, 2022, meeting it states that “resident’s requests were discussed”. The Applicant submits that some of the meeting minutes contain no notes about individual units concerns and issues.

The Tribunal held that the corporation’s minutes were adequate. The Tribunal said:

An adequate record of a board meeting is one that allows the reader to understand the issues that were raised and how the decisions were made.

Based on the parties’ submissions and my review of the minutes I find that the minutes appear to offer the detail necessary to understand how TSCC 1443’s affairs are controlled, managed and administered. The minutes need not be a verbatim account of the meeting. Based on the above, I find that the meeting minutes are adequate.

In my view, the “takeaway” is as follows:

  • Minutes need not be a verbatim account of what transpired at the meeting. [This has been confirmed on many occasions by the Courts and by the CAT.]
  • However, the minutes should be sufficient to allow a reader to understand what was discussed and what was decided.
  • A reference to “in camera” portions of a meeting is acceptable as long as the reader has some indication of what was discussed during the in camera session.

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