30/03/2023 – Jurisdiction Ontario
Part 82 published on 01/06/2023
Commercial vehicles not prohibited
The Tribunal held that the condominium corporation’s Rule prohibiting licensed commercial vehicles and vehicles that have advertising or signs affixed to them did not meet the tests in Section 58 of the Condominium Act and was therefore not enforceable. However, the Tribunal also said:
While there might be instances where the facts show that a commercial vehicle or advertising and signs on a vehicle are prohibited because they do cause more than a trivial interference and do unreasonably interfere with the use and enjoyment of units and common elements, perhaps due to safety, size, maintenance issues, or other factors specific to the condominium community, in this case SCC 104’s evidence and submissions do not demonstrate this.
Editorial Note: Based upon the Tribunal’s comments in this case, it appears that a Rule that is directed more at the size or type of vehicle (as opposed to the commercial nature of the vehicle) may well be enforceable (depending upon the specific condominium community and the related reasons for the Rule).
Simcoe Condominium Corporation No. 104 v. Leary, 2023 ONCAT 52