Kayne v. The Owners, Strata Plan LMS 2374

Kayne v. The Owners, Strata Plan LMS 2374

The materials and files produced meet the statutory requirements of the Strata Property Act as of the date of the hearing; the Act does not mandate production of all underlying receipts or every piece of personal council correspondence nor minutes of informal gatherings, therefore there is no failure to comply and no order compelling further production is warranted.

Citation
2007 BCSC 1610
Parties
Petitioner: Peter Kayne; Respondents: The Owners, Strata Plan LMS 2374
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 July 2007
Procedural Posture
Petition Under the Strata Property Act / Application Hearing (in Chambers) — Oral Reasons and Judgment
Outcome
Application dismissed
Legal Topics
Document Disclosure, Access to Corporate Records, Electronic Records and E‑mail, Minutes and Financial Records, Statutory Interpretation, Privilege
Source Language
English
Strata Property Law Property Law Civil Procedure Administrative Law Document Disclosure Access to Corporate Records Electronic Records and E‑mail Minutes and Financial Records +2 more

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Parties

Peter Kayne

Petitioner

The Owners, Strata Plan LMS 2374

Respondents

Procedural Posture

Petition Under the Strata Property Act / Application Hearing (in Chambers) — Oral Reasons and Judgment

Legal Issues

  1. 1 Whether the strata corporation failed to make available documents required by sections 35 and 36 of the Strata Property Act
  2. 2 Whether the Act requires production of underlying backup documents such as full ledgers, bills or receipts
  3. 3 Whether e‑mail correspondence on council members' personal computers is 'correspondence sent or received by the strata corporation and council' within the meaning of the Act

Ratio Decidendi

The materials and files produced meet the statutory requirements of the Strata Property Act as of the date of the hearing; the Act does not mandate production of all underlying receipts or every piece of personal council correspondence nor minutes of informal gatherings, therefore there is no failure to comply and no order compelling further production is warranted.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • No order requiring the strata corporation to produce further documents under the Strata Property Act