B.C.’s Civil Resolution Tribunal has told a Sidney strata it has to disclose the name of a complainant in an off-leash dog dispute.
Lynn MacFarlane owned and lived in the strata lot on Oct. 3, 2022, when she received a letter from her strata saying another resident had complained that her dog was off-leash on common property, contrary to the strata’s bylaws, says the March 5 decision from tribunal vice-chair Eric Regehr.
So, a week later, MacFarlane wrote to the strata asking for a copy of the complaint letter.
On Nov. 15, the strata responded, saying its first letter was just a warning and that it would take no further action about the complaint.
The strata did not directly respond to the request for the original complaint letter.
On Jan. 6, 2023, MacFarlane wrote again, reiterating her request.
On Jan. 25, the strata provided a redacted copy of the July 29, 2022, complaint letter with the complainant’s information blacked out.
“The strata continues to refuse to provide an unredacted copy on privacy grounds,” Regehr said.
MacFarlane requested an order from the tribunal that the strata provide her an unredacted copy of the complaint. The strata, however, said it was entitled to redact the complaint and asked that the case be dismissed.
Regehr said the Strata Property Act contains no provision that authorizes the strata to redact or withhold records for privacy reasons.
He noted there have been numerous tribunal decisions concluding stratas cannot redact personal information from records they are mandated by law to keep.
The strata argued it would be better for strata communities if the identity of people making bylaw complaints could be kept private.
“The strata expresses concern that residents will be unwilling to make bylaw complaints if they know the subject could find out who made the complaint,” Regehr said.
However, he said the legislation requires strata corporations to disclose unredacted written bylaw complaints on request.
“I therefore order the strata to provide Mrs. MacFarlane with an unredacted copy of the bylaw complaint letter at issue,” said Regehr, who gave the strata 14 days to comply with the ruling.
