13/03/2023 – Jurisdiction Ontario
Part 82 published on 01/06/2023
Condominium corporation unreasonably towed the owner’s vehicle
The owner’s vehicle was towed and ticketed after he had parked in the underground parking without displaying a parking permit as required by the rules of the condominium corporation.
The Tribunal held that the ticketing of the vehicle was reasonable, but the towing of the vehicle was not reasonable in the circumstances because the corporation had not given sufficient warning. The Tribunal said:
…on the basis of the evidence presented in this case, I agree with the applicants that it was not reasonable to have the car towed. Towing a car results in significant costs and inconvenience for the owner. Since Mr. Hum had only moved in less than a week prior, this was not a chronic improper or illegal parking situation. A ticket would act as a warning and there is no explanation before me for why it was decided that it was necessary to also have the car towed.
The Tribunal ordered the condominium corporation to reimburse the towing costs to the owner.
Hum v. Waterloo Standard Condominium Corporation No. 670, 2023 ONCAT 38