Case Law to prevent proxy fraud:

A by-law can be created by a condominium corporation, as is evident from the para [9] of  this decision of Condominium Authority Tribunal.


Case reference:

Charlene Aquilina v Middlesex Standard Condominium Corporation No. 823   

         
Date 2019-06-20  

Neutral citation 2019 ONCAT 21       File numbers 2018-00345R              
Decision-maker(s)Laurie Sanford       Decision type Decision

[9] The proxy forms and ballots that Ms. Aquilina has requested are specifically addressed in subparagraph 13.11 (2) 4 of the Regulation. This provision exempts from the general entitlement to records “Any portion of a ballot or proxy form that identifies specific units in a corporation or owners in a corporation, unless a by-law of the corporation provides otherwise.” MSCC823 introduced testimony stating that MSCC823 does not have such a by-law. Ms. Aquilina challenged the credibility of the witness who provided this testimony but did not produce a by-law that permitted the disclosure of identifying information about condominium units or owners. Since such a by-law would be available to all owners, I accept as fact that there is no by-law that would permit MSCC823 to provide unredacted copies of the proxy forms or ballots.