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Carleton Condominium Corporation No.132 v. Evans - 2022 ONCAT 97 - 2022-09-09

Corporation:

CCC 132

Date:

2022-09-09

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Indemnification or Compensation
Other Type of Nuisance, Annoyance or Disruption
Parking and Storage

Summary:

In the case of Carleton Condominium Corporation No.132 v. Evans (2022 ONCAT 97), Carleton Condominium Corporation No. 132 (CCC132) brought an application against a unit owner, alleging inappropriate conduct related to parking and snow removal at their condominium complex. CCC132 sought compliance with governing documents and indemnification for costs incurred in addressing these issues. The Respondent did not participate in the proceedings. The issues revolved around whether the Respondent failed to comply with parking rules, whether his behavior constituted a nuisance, and whether CCC132 was entitled to cost reimbursements.

Verdict:

The Respondent's actions related to impeding snow removal operations were found to constitute a nuisance, which violated Article IV of the condominium's declaration.
The Respondent was ordered to comply with the declaration and rules in relation to parking and snow removal, as his actions were causing substantial and unreasonable interference.
The Respondent was required to reimburse the Condominium Corporation for costs incurred in this matter, including additional snow removal expenses and legal fees. These reimbursement amounts were $3,390 for snow removal costs and $621.50 for legal fees.
The Respondent was also directed to pay $1,250 to cover the Condominium Corporation's costs associated with the legal proceedings.

Takeaways:

The Respondent's actions related to impeding snow removal operations were found to constitute a nuisance, violating the condominium's declaration. This action included impeding snow removal operations, causing substantial and unreasonable interference with CCC132's maintenance duties.

The Tribunal did not find the Respondent in breach of specific parking rules but did find his parking behavior to be problematic for snow removal operations, ultimately resulting in the need for off-site snow storage, incurring additional costs.

The Respondent was ordered to indemnify CCC132 for $3390, representing the additional snow removal costs incurred, and to pay $621.50 as compensation for legal fees and expenses. Additionally, he was ordered to pay $1250 in costs for the proceedings. The Tribunal considered factors such as the Respondent's lack of participation, the impact of the cost award, and the declaration's indemnification provisions when determining these orders.

Recommendations: 

Condominium residents should be aware of and adhere to the rules and regulations governing their property and common areas.
When faced with disruptive behavior, parties involved should attempt to communicate and resolve the issues through open dialogue and reasonable accommodation.
If legal action becomes necessary, parties should be prepared to provide evidence of substantial and unreasonable interference to establish a case of nuisance.
Parties should consider the potential impact of legal costs and act reasonably and judiciously when pursuing compliance with governing documents.

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