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#19255
CONCRETE-IMBEDDED motorcycle HOOKS trigger s. 98 ACT REMEDY - not Tribunal / site specifc documents 2021/07/22 21:42  
not legal advice, as usual.

The Chair of ONCAT Ontario's Condominium Authority Tribunal rejects an Application by a unit owner to block his condo corp’s ordering him to remove attachments ( from imbedded into concrete ).

The imbedded hooks chain his motorcycle within his parking space ( ie is ruled a POTENTIALLY section 98 Act-triggering scenario, as opposed to being derived from site-specific documents triggering ONCAT scope. )

( Section 98 of Ontario's Condominium Act 1998 is arguably "both a sword & a shield" to prohibit unauthorized trespass & also allow a platform by lawful agreement for an owner to alter the group co-owned common elements )

Sanchez v. T.S.C.C # 1531 ( 2021) ONCAT 68 issued July 16/21 https://canlii.ca/t/jh1qm )

from OReg 179/17

Scope of disputes

1. (1) The prescribed disputes for the purposes of subsections 1.36 (1) and (2) of the Act are,


. . . (d) subject to subsection (3), a dispute with respect to any of the following provisions of the declaration, by-laws or rules of a corporation:

. . . . .(ii) Provisions that prohibit, restrict or otherwise govern an automobile, motorcycle

. . . . (iii) Provisions that prohibit, restrict or otherwise govern the parking or storage of items in a unit, an asset, if any, of the corporation, or any part of a unit, an asset or the common elements, that is intended for parking or storage purposes. )"
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#19256
IMBEDDED HOOKS may trigger s. 98 ACT REMEDY - not Tribunal scope / site specifc documents scope 2021/07/22 21:56  
Xcrpted from Chair’s ruling :


“ . . . .the CAT is dismissing this application for the following reasons:

1. The Applicant filed this application in part as a compliance dispute.

2. The provisions of the Respondent’s declaration cited by the Applicant (the parking unit sections under pg. 77 of the Declaration) do not appear to prohibit, restrict or otherwise govern parking and / or the storage of items.

3. Accordingly, a parking and storage dispute regarding these provisions is outside of the CAT’s jurisdiction, as set out under Ontario Regulation 179/17.

Portions of the dispute relate to a dispute under section 98 of the Condominium Act, 1998. The CAT is prohibited from accepting applications involving these matters under section 1 (3) of Ontario Regulation 179/17.

[4] I find that the issues that make up this dispute are not within the jurisdiction of the CAT. Accordingly, I order that this case be dismissed.” - unquote
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