Case #52 of 2023, Simcoe Condominium Corporation No. 104. March 30, 2023
Interesting case concerns the parking of a commercial vehicle with advertising on it.
Here, the CAT decides the condo's long-standing rule, specifically against the parking of commercial vehicles with advertising, was invalid.
I'm not sure I understand the reasoning completely. It appears as though the CAT Member has made an aesthetic decision for this community that it has historically maintained, in not permitting the parking of commercial vehicles.
Will this case open the door for more challenges to similar rules in other communities?
From the decision:
"In this case, SCC 104 has clearly stated the purpose of the Rule is to promote ‘consistency’ in the appearance of the community and to safeguard a particular type of aesthetic, i.e., a “park-like setting.”
This is an argument that speaks to the character of the neighbourhood and is a valid consideration. However, this is only one factor to be considered and does not outweigh all other factors. In this case, I cannot conclude based on the evidence that the parking of a licensed commercial vehicle or a vehicle with advertising interferes in any way – let alone an unreasonable way – with any person’s ability to actually use or enjoy any of SCC 104’s common elements or amenities (such as the walking trails referenced by the parties) or interferes with a person’s ability to access, use, or enjoy their own unit.
While a commercial vehicle may, in some circumstances impact the aesthetic envisioned by the condominium corporation, in this case, the impact, or interference, is trivial in nature. When considered with the other factors, it is an interference that the community should be expected to tolerate."