CONDOMINIUM AUTHORITY TRIBUNAL
DATE: April 9, 2025
CASE: 2024-00461N
Citation: York Condominium Corporation No. 441 v. Tel-E Connect Investments Ltd., 1755786 Ontario Inc. o/a G. Max Auto Inc., 2025 ONCAT 53
Order under section 1.47 of the Condominium Act, 1998.
Member: Nicole Aylwin, Member
The Applicant,
York Condominium Corporation No. 441
Represented by Darlene Mezzabotta, Counsel
The Respondents,
Tel-E Connect Investments Ltd
Represented by David Fogel, Counsel
1755786 Ontario Inc. o/z G. Max Auto Inc.
Self-Represented
CONSENT ORDER
[1] In the Condominium Authority Tribunal’s (CAT) online dispute resolution system, the Parties agreed to settle this case in Stage 3 - Tribunal Decision.
[2] Under Rule 43.1 of the CAT’s Rules of Practice, the CAT can close a case in Stage 3 - Tribunal Decision if the Parties agree to the CAT making a consent order that resolves the dispute.
[3] With the consent of the Parties, the CAT orders that this case has been resolved, based upon the terms and conditions set out in this consent order.
ORDER
[4] The parties agree to consent to the following terms:
[5] The Tenant shall comply with s. 117(2) of the Condominium Act,1998 (the “Act”) which reads:
No person shall carry on an activity or permit an activity to be carried on in a unit, the common elements or the assets, if any, of the corporation if the activity results in the creation of or continuation of,
(a) any unreasonable noise that is a nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation; or
(b) any other prescribed nuisance, annoyance or disruption to an individual in a unit, the common elements or the assets, if any, of the corporation.
[6] The Tenant shall comply with the Corporation's rules regarding nuisance, parking and storage, garbage, and vehicles including but not limited to:
Rule 3: No owner of any unit shall do or permit anything to be done in his unit, or bring or keep anything therein which will in any way increase the risk of fire, or the fire insurance premiums on any building, or on property kept herein, and no owner shall do or permit anything to be done in his unit or obstruct or interfere with the rights of other owners, or in any way injure or annoy them, or conflict with the regulations of the City of Toronto Fire Department, or any insurance policy carried by the Corporation or conflict with any of the Rules and Ordinances of the local Board of Health, or with any municipal by-law or any provincial or federal stature (sic) or regulation.
Rule 15: Owners, tenants, and their visitors, guests, customers, clients, patients, employees or contractors or others doing business with the owners shall not create or permit the creation or continuance of any noise or nuisance which, in the opinion of the Board or the Manager, may or does disturb the comfort or quiet enjoyment of the units or common elements by other owners or tenants or their guests, visitors, clients, patients, employees or contractors and persons having business with them.
Rule 19: In no event may an owner place or permit the placement of packing cartons or crates or trade leftover materials or scraps outside of the unit or anywhere in, on or upon the common elements.
Rule 20: Unless explicitly and specifically permitted by the Declaration, By-laws, or Rules, nothing shall be placed, left or permitted to be placed or left in or upon the common elements including those of which the owner has exclusive use, without prior written permission or the Board of Directors.
Rule 25: The sidewalks, entry passageways, walkways and driveways used in common by the owners shall not be obstructed by any of the owners or used by them for any purpose other than for ingress to and from their respective units.
Rule 27: No motor vehicle shall be driven or parked on any part of the common elements, other than on a driveway or parking space specifically designated for that vehicle.
Rule 29: Parking spaces measure 9 ft. wide by 18 ft. long. Only vehicles, which fit entirely within the boundaries of one single parking space (i.e . one vehicle to on (sic) parking space) may park on the common elements must be of the following type only.
A) a private passenger automobile, including a sport utility vehicle, a station wagon or minivan:
B) a van, truck or commercial transport vehicle, so long as these fit with the designated boundaries of one parking space.
Rule 31: A motor vehicle parked on the condominium property pursuant to these Rules must be in working order. No storage of used vehicles for spare parts.
Rule 34: No repairs other than minor emergency repairs shall be made to any motor vehicle parked or left standing in any parking space or upon the common elements or exclusive use common elements. No oil or liquid changes may be performed on any part of the common elements. In the event this Rule is breached and the common elements are damaged, all charges to repair or clean the common elements will be charged to the owner. Each owner shall maintain his parking space in a clean and slightly condition.
[7] Only as it relates to the Tenant in Units 31-33, the Respondents shall comply with the Corporation's declaration Article XII (2) and s. 119(1) of the Act and comply with the Act and the Corporation's declaration and rules.
[8] Article XII (2) of the declaration reads:
All present and future owners, tenants and residents of units, their visitors, customers, clients, patients, employees or others doing business invitees or licencees, shall be subject to and shall comply with the provisions of this declaration, the by-laws, and any other rules and regulations of the corporation.
[9] Section 119 (1) of the Act reads:
A corporation, the directors, officers and employees of a corporation, a declarant, the lessor of a leasehold condominium corporation, an owner, an occupier of a unit and a person having an encumbrance against a unit and its appurtenant common interest shall comply with this Act, the declaration, the by-laws and the rules.
[10] Only as it relates to the Tenant in Units 31-33, the Owner shall comply with the Corporation's declaration Article IV 1(c) and s. 119(2) of the Act regarding the Tenant(s).
[11] Article IV 1(c) of the declaration reads:
(1) The occupation and use of the units shall be in accordance with the following restrictions and stipulations:
(c)The owner of each unit shall comply and shall require all tenants, residents, visitors, customers, clients, employees, or other doing business with the owner or occupant of the unit to comply with the Act, this declaration and the by-lava and the rules and regulations passed pursuant thereto;
[12] Section 119(2) of the Act reads:
An owner shall take all reasonable steps to ensure that an occupier of the owner’s unit and all invitees, agents and employees of the owner or occupier comply with this Act, the declaration, the by-laws and the rules.
[13] The Tenant agrees to pay costs of $5,000 all-inclusive (five thousand dollars) to the Corporation within 30 days of the date of this Order, and if the Tenant fails to pay the costs, the Owner shall pay the costs within 45 days of the date of this Order.
[14] Any reasonable costs of enforcing this Order shall be borne by the Tenant and if not paid by the Tenant shall be paid by the Owner.
[15] Nothing in this CAT Case shall affect the position or rights of the Owner in CAT Case – 2024-00449N.
COMPLIANCE
[16] If any of the Parties fails to comply with any of the terms of this order, it may be enforced through the Ontario Superior Court of Justice.
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Nicole Aylwin |
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Member, Condominium Authority Tribunal |
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Released on: April 9, 2025