18/10/2021 – Jurisdiction Ontario
Part 76 published on 01/12/2021
CAT dismisses owner’s claims for an Electric Vehicle Charging Station
The owner (a resident in the condominium) claimed that she should be entitled to charge her electric vehicle in the visitors parking area (shared with a neighboring condominium). The owner also claimed that the condominium corporation was obligated to install a communal charging station and/or an upgraded charging station for her exclusive use. These claims were based, among other things, upon her alleged disability (and the condominium corporation’s alleged resulting obligation to accommodate her disability). The owner also claimed that these obligations flowed from the applicable regulations respecting electrical vehicle charging stations, under the Condominium Act, 1998.
The CAT dismissed the owner’s claims. The CAT said:
Ms. Kong has been unable to demonstrate that either TSCC1959, TSCC1862 or the SFC has a legal obligation to grant or restore to her access to the communal charging stations in the visitor parking. Nor has she been able to show that TSCC1959 has an obligation to install an EVCS, at its expense, for her exclusive use in her parking area.
Kong v Toronto Standard Condominium No. 1959 et al (Costs) (CAT)
Kong v Toronto Standard Condominium Corporation No. 1959 (CAT)