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.
In his March 5 decision, tribunal vice-chair Eric Regehr said Lynn MacFarlane owned and lived in the strata lot when another resident complained that her dog was off leash on common property, contrary to the strata’s bylaws.
So, MacFarlane requested a copy of the complaint.
However, the strata provided a copy that redacted the complainant’s personal information.
As a result, McFarlane requested an order from the tribunal that the strata provide her with an unredacted copy of the complaint. The strata, however, said it was entitled to redact the complaint and asked that the case be dismissed.
The events
It was on Oct. 3, 2022, that the strata sent MacFarlane a bylaw contravention letter saying it had received a complaint about the dog being outside unleashed.
A week later, McFarlane 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.
But, 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.
He 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,” Regehr said. “The strata will have 14 days to comply.”
