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Difference between revisions of "Recourse to the Courts (22:XVI)"
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Recourse to the Courts (22:XVI) (view source)
Revision as of 20:24, 22 August 2023
, 20:24, 22 August 2023→= a) Litigation Privilege and Requests for Access to Records
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=== 6. Practice Issues in Strata Litigation === | === 6. Practice Issues in Strata Litigation === | ||
==== a) Litigation Privilege and Requests for Access to Records === | ==== a) Litigation Privilege and Requests for Access to Records ==== | ||
Sections 35 and 36 of the ''SPA'' allow strata lot owners and tenants (including former owners and tenants) to obtain documents of the strata corporation, including legal opinions obtained by the strata corporation. However, attorney-client privilege is a fundamental principle of our legal system, so the court in [https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc2054/2022bcsc2054.html ''The Owners, Strata Plan VR 1120 v Mithcinson'', 2022 BCSC 2054] held that legal opinions obtained by a strata corporation and requested under s. 36 are only to be produced as follows: | Sections 35 and 36 of the ''SPA'' allow strata lot owners and tenants (including former owners and tenants) to obtain documents of the strata corporation, including legal opinions obtained by the strata corporation. However, attorney-client privilege is a fundamental principle of our legal system, so the court in [https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc2054/2022bcsc2054.html ''The Owners, Strata Plan VR 1120 v Mithcinson'', 2022 BCSC 2054] held that legal opinions obtained by a strata corporation and requested under s. 36 are only to be produced as follows: | ||
