20/02/2026– Jurisdiction Ontario
Part 93 published on 01/03/2026
Corporation was entitled to recover chargebacks for compliance letter and for cleaning of parking space
An owner challenged chargebacks (for cleaning costs related to his guest painting a vehicle in a visitor parking spot and for a legal compliance letter related to nuisances). The Tribunal found the guest breached parking and nuisance rules, and that the corporation’s decision to charge back legal and cleaning fees was reasonable under indemnity provisions in the corporation’s governing documents. The Tribunal said:
It is well established that the Tribunal should show deference to reasonable decisions made by a board regarding how they enforce the corporations’ governing documents. If the board has acted reasonably and not capriciously, the Tribunal will generally not interfere with the board’s decision. The onus is on Mr. Qin to prove that the enforcement action was unreasonable. He has not done so.
In this case, there is no evidence before me that the board acted capriciously. It has provided objective evidence of the alleged breaches. It also clearly took measured, progressive steps to gain compliance from Mr. Qin and/or his guest before resorting to requesting a legal letter from its counsel. Based on the evidence before me, this was a reasonable enforcement action in these circumstances.
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On the balance of probabilities, I find Mr. Qin’s guest did paint his vehicle in the visitor parking spot and damaged the parking spot. I also find that this was in violation of Rule O.13, which is clearly meant to prohibit owners, other residents and/or guests from working on their vehicles in the parking garage, except in the case of emergency. It was reasonable and appropriate for the corporation to fix the damage to the parking spot.
I also find that the corporation is entitled to charge back Mr. Qin the amount of $226.00 pursuant to the same indemnification provisions as listed in paragraph 22. There was clearly damage to the common elements caused by an act of non-compliance by Mr. Qin’s guest, and the cost the corporation paid to fix that damage was not unreasonable in this circumstance.
The owner was ordered to pay $892.70 for the chargebacks plus $5,000 for in-CAT legal costs.
Qin v. Toronto Standard Condominium Corporation No. 2885, 2026 ONCAT 30