21/05/2025– Jurisdiction Ontario
Part 90 published on 01/06/2025
Tribunal enforces height restriction on motor vehicles
The owner challenged the condominium corporation’s enforcement of a 1.90m vehicle height restriction (contained in the Corporation’s Declaration) for his tenant’s van.
The Tribunal upheld the Declaration and ordered the van to be removed due to its excessive height. The Tribunal said:
Notwithstanding the respective submissions of the parties in regard to the reasonableness of Rule 8, I do not need to decide that question in light of the wording of the relevant provision of the Declaration and the fact that the criteria of reasonableness, among others, which is set out in s. 58 (2) of the Act, only applies to rules. Those criteria do not apply to TSCC 2729’s Declaration, which in this case provides an explicit and enforceable height limit for motor vehicles in a parking space.
Senitzoglou v. Toronto Standard Condominium Corporation No. 2729, 2025 ONCAT 81, Vehicle Height