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#19196
ONCAT whistles dead NEIGHBOUR'S Application to halt DRIVEWAY BASKETBALL 2021/03/11 22:36  
Not legal advice, as usual.

ONCAT Ontario's Condominium Authority Tribunal has just whistled dead a NON-ADJACENT neighbour’s application for an order halting basketball & a portable backboard on a unit driveway ( of un-specified status. Is it "exclusive use" ? Is it technically within the unit boundary ? )

Accompanying the decision is a photo putting the hoop inches from the non-objecting adjacent neighbour's parked car. ( But the rejected kvetcher gets $ 200, possibly for "novelty" )

The ( ? compact ) community may start hearing hours of basketball from more portable baskets with summer windows open. ( Will there be less future tolerance after more B-Ball portables go up . . . COVID-19 frustration ends . . . folks wannna start parking large boats or trailers ... ? ). Will folks look back at this decision ?

As to ONCAT there ‘s a parallel in its handling of records-withholding disputes where ONCAT’s limits justifiably kept off-limits other mis-governance - sometimes serious like years without elections & AGMs - that sometimes came to light.

Bottom line : some complainants may have to look elsewhere for now.

( NOT this basketball war : In comparison last month a Toronto civil judge rejected a challenge to an arbitrator's decision upholding the removal of a mere plastic trellis ordered by a condo board from a mid-town condo entryway. A $ 16 K award against the trellis owners was upheld; they have now sold their unit. There can be enormous variances between what one community accepts in the common areas but others reject. . )

“Sports Nuisances ain’t necessarily us” :

Adjudicator arguably narrows parking disputes to such involving vehicles as literally in the express ONCAT scope and addressing related uses.

But don’t worry : lots of room for U.S. style warfare about commercially-decalled vehicles in residential HOAs, work vehicles on standby including police cars, refusals to park nose-in ( Hank the Hook towtrucker with open-carry trolling for violators ), pick-up trucks, parking on the aprons . . . O the horror . . . the horror . . .

One of America's most bitter was fought out north of Syracuse and onto national network TV before one neighbour just sold & moved away . . .

Roberts v. Halton S.C.C.# 617 & Yamine, 2021 ONCAT 21 issued March 10/21 https://canlii.ca/t/jdnw6

[5] For the reasons set out below, I find that that the placement of the basketball net on Ms. Yamine’s driveway is not in violation of the declaration and rules in relation to the Tribunal’s jurisdiction. I dismiss the Applicant’s request for enforcement of the governing documents by removal of the basketball net. Ms. Roberts is awarded her costs of $200.

. . . . [18] My decision relates solely to the application and enforcement of the relevant provisions of the declaration and rules, and not to the validity of any possible associated concerns related to safety.

As I noted above, on the facts of this case, concerns about safety fall outside of the jurisdiction of the Tribunal as they are matters covered by s. 117 of the Act.

. . . 21] As set out above, I find, based on the Tribunal’s jurisdiction, that the placement of the basketball net on Ms. Yamine’s driveway is not in violation of the governing documents, specifically the articles of the declaration and the rules set out in paragraphs 7 and 8 of this decision.

I dismiss the Applicant’s request for enforcement of the governing documents through removal of the basketball net." - unquote
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#19199
Lawyer Rod Escayola : "A Basketball Hoop in a Condo Driveway Not in Breach of the Rules" 2021/03/20 12:14  
March 18/21 by well-respected Ottawa condo lawyer Rod Escayola ( Gowling WLG ) : “ A Basketball Hoop in a Condo Driveway Not in Breach of the Rules” http://condoadviser.ca/2021/03/a-basketball-hoop-in-a-condo-driveway-not-in-breach-of-the-rules/ condo-law-blog-Ontario

Should the title have been followed by a question mark ?

Will the complainant and others have to take future disturbance beefs to the conventional civil justice system including by way of M&A mediation & arbitration attempts ?
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