Cite as: Eshelby v. Halifax County Condominium Corporation No. 89, 1990 NSSC 8 1990 S.H. No. 73638 IN THE SUPREME COURT OF NOVA SCOTIA
TRIAL DIVISION
BETWEEN: DENY ESHELBY and DON RUBIN, both of Dartmouth in the County of Halifax, Province of Nova Scotia PLAINTIFFS - and HALIFAX COUNTY CONDOMINIUM CORPORATION NO. 89, a body corporate and ROBERT F. EPPS, in his personal capacity and as a representative of the Board of Directors of Halifax County Condominium Corporation No. 89 DEFENDANTS HEARD: at Halifax, Nova Scotia, before the Honourable Mr Justice Gruchy, in Chambers, Trial Division, on October 9, 1990 DECISION: October 9, 1990 (Orally) COUNSEL: Peter D. Darling, Esq., for the plaintiffs Patrick D. Cassidy, Esq., for the defendants
1990 IN THE SUPREME COURT TRIAL DIVISION BETWEEN: DENY ESHELBY and DON in the County of Halifax, Province of Nova Scotia - and HALIFAX COUNTY CONDOMINIUM CORPORATION NO. 89, a body corporate and ROBERT F. EPPS, personal capacity and as a representative of the Board of Directors of Halifax County Condominium Corporation No. GRUCHY, J. (Orally):. This matter now concerns only one question and that is the degree of access Eshelby and Don Rubin to meetings of the defendant corporation. the Condominium Act R.S.N.S. 1989~ c. 85 provides: "The corporation records, and any corporation may inspect the records reasonable notice and at any reasonable time." Further s. 18(4) of that Act reads: S.H. No. 73638 OF NOVA SCOTIA RUBIN, both of Dartmouth PLAINTIFFS in his 89 DEFENDANTS by the plaintiffs Deny the minutes of directors Section 18(1) of shall keep adequate member of the on
"Each member of the corporation, and each person having an encumbrance against a unit and common interest, has the right to the performance of any duty of the corporation specified by this Act, the declaration and the by-laws." Those subsections are followed by Art icle XI I of the defendant corporation's by-laws which states in part: "The Board shall cause to be kept the following records: (c) minutes of the Board;"
and that Article concludes:
"All records except the minutes of
meetings of Directors shall be available
for inspection at reasonable hours by
all owners and mortgagees."
Section 23(2) of the Condominium Act also provides:
"The by-laws shall be reasonable and
consistent wi th this Act and the
declaration." It seems to me that in this case the by-laws are not consistent with the Act. By ordinary language a record of the corporation would include records of the minutes of the meetings of the Board. Even if we were to apply strictly legal language, it is well known that records· of a corporation would include minutes of the meetings of the Board. But by ordinary language as well, the same result is achieved. I am prepared to order that the minutes of the meetings of the Board of Directors should be made available to members of the corporation in accordance with s. 18 of the Condominium Act. It appears to me that an appropriate system of minute keeping by boards can be devised whereby personal
matters, matters which would be considered confidential as between the tenant and the condominium corporation and can be put into effect. Careful minute keeping can be achieved whereby the minutes will be accurate and, yet, not necessarily disclose the precise personal details that may well come before a Board of Directors. I award costs of $500.00. Halifax, Nova Scotia October 9, 1990
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