Parking 3 Vehicles in One Spot Against the Rules
CAT Decision on Peel Standard Condominium Corporation No. 843 v. Thackorie, December 28, 2022.
Danny Thackorie had been parking 3 motorcycles in his parking spot, and the corporation had requested he park only one vehicle in the parking spot, noting that it was against PSCC 843's rules to park more than one vehicle.
The Declaration of PSCC 843 states the following with respect to this issue:
“Each Parking Unit shall be used and occupied only for the parking of one (1) Motor Vehicle.”
“Motor Vehicle” is defined in Section 1(m) of the Corporation’s declaration as:
“Motor Vehicles shall include, without restricting any wider definition of Motor Vehicles as may be imposed by the Board, from time to time, any private passenger automobile, station wagon, pick-up truck, van, or motorcycle”
The CAT noted Danny's failure to cooperate with the multiple requests from the Corporation, and his lack of participation in the CAT case, even after speaking with Tribunal staff and indicating that he would, as aggravating circumstances.
PSCC 843 had requested costs and compensation totalling $3,243.39: the costs comprise of $150 in Tribunal filing fees and the balance are legal fees.
In addition to ordering Mr. Thackorie to no longer store more than one vehicle in any single parking spot, it also award the corporation the $150 in Tribunal fees and $2,000 in legal expenses.
In its decision, the CAT noted that legal fees not awarded as costs are ultimately paid by all owners of a corporation. It was further stated that it would be neither reasonable nor fair if the owners were to be liable for all of the corporation’s cost of obtaining Mr. Thackorie’s compliance.