26/06/2023 – Jurisdiction Ontario
Part 83 published on 01/09/2023
Appeal Dismissed. Owner permitted to use handicap parking space on common elements.
The Condominium Authority Tribunal had determined that the owner was entitled to use a handicap parking space located on the condominium’s common elements. [See Condo Cases Across Canada, Part 73, March 2021.]
The condominium corporation appealed. The Divisional Court dismissed the appeal. The Divisional Court found no error of law in the Tribunal’s decision.
The Court’s decision included the following summary:
The gravamen of the Tribunal’s decision is that where a unitholder has a disabled parking permit from an authority with jurisdiction to issue the permit, it is not for a Condominium Board to question the permit-holder’s entitlement to use accessible parking. There is no issue in this case about which accessible parking a unitholder should park in: the only designated accessible parking are the exterior spots in which Mr Rahman was parking. This analysis discloses no error in law and is manifestly reasonable in fact. The grounds of appeal – jurisdictional, procedural and
technical – do not undercut the substantive reasonableness of the decision below. I would dismiss the appeal.
For specific reasons outlined in the decision, the Divisional Court declined to make any award of costs in favour of the successful owner.
Peel Standard Condominium Corp. No. 779 v Rahman, 2023 ONSC 3758