Another follow-up to our previous posts on “Owners Requests for Records”. As we previously posted, the Court agreed to vary its original order that the Corporation provide access to Mr.Lahrkamp to proxies and ballots by permitting the Corporation to redact references to owners and unit numbers. Mr. Lahrkamp appealed the variation and sought to reinstate the original order.
The Superior Court of Justice Divisional Court determined that the Small Claims Court did have the jurisdiction to clarify and vary the original order. There was no basis for the appeal of the clarification order, as this was just a procedural matter to clarify the original order, which was not appealed.
This case once again confirms that an owner’s right to view records of the Corporation must be balanced with the privacy rights of other owners.