Pagano v. Toronto Standard Condominium Corporation No. 2205, 2025 ONCAT 159

Condominium Authority Tribunal

Date: September 15, 2025 Case: 2025-00542N Citation: Pagano v. Toronto Standard Condominium Corporation No. 2205, 2025 ONCAT 159

Order under section 1.41 of the Condominium Act, 1998.

Member: Ian Darling

The Applicant: Jaclyn Pagano, Self-Represented The Respondent: Toronto Standard Condominium Corporation No. 2205

Submission Dates: August 29, 2025 to September 5, 2025

DISMISSAL ORDER

1This application is dismissed under Rule 19 of the Tribunal’s Rules for the following reasons.

2The Applicant filed an application under the Tribunal’s jurisdiction to deal with disputes about Vehicles, Parking and related indemnification. The application alleged that Toronto Standard Condominium Corporation No. 2205 (the Respondent, 'TSCC 2205') wrongfully charged him for the disconnection of an electrical outlet in his parking space.

3The Applicant was using the outlet to charge their electrical vehicle. The Applicant stated that they were instructed to stop using the outlet, so they did. Despite this, the Corporation proceeded to hire an electrician to disconnect the outlet and attributed $652.26 for the electrician’s costs for the work to the applicant’s unit. The Applicant argues that they should not be held responsible for these charges, as they had complied with the Corporation’s direction, the outlet remained unused, and there was no justification for involving an electrician.

4The application was returned, and the Applicant was advised that the CAT can only accept disputes involving provisions in a condominium corporation’s governing documents related to indemnification or compensation, where those disputes also involve provisions that prohibit, restrict, or otherwise govern parking and vehicles. The Applicant was advised to provide a relevant provision from the corporation’s governing documents to support the issues raised in the application and to resubmit the application.

5The Tribunal’s jurisdiction is established by the Condominium Act, 1998 (“the Condo Act”) and the Ontario Regulation 179/17 (“O. Reg. 179/17”). They contain the specific wording of the CAT’s jurisdiction. The CAT does not have the legal authority to decide issues that are outside its jurisdiction.

6The application was resubmitted. The Applicant referenced section 2.5 and 3.1 of the Declaration. Section 2.5 addresses the consumption of the utilities and section 3.1 sets out the use and restrictions of the common elements. However, the provisions were not relevant to parking and storage or vehicles issues raised. It appears that the issues do not fall within the tribunal’s jurisdiction as set out in the following:

7O. Reg. 179/17, section 1. (1) (d) (ii) (iii) and (iv) provides that the prescribed disputes for the purposes of subsections 1.36 (1) and (2) of the Act are, 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, van, truck, trailer, bus, mobile home, farm tractor, bicycle, motor-assisted bicycle, motorized snow vehicle, motorboat, rowboat, canoe, kayak, punt, sailboat, raft, aircraft, device used to facilitate the transport of a person with a disability, or any other vehicle drawn, propelled or driven by any kind of power, including muscular power, in a unit, the common elements or the assets, if any, of the corporation.

(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.

(iv) Provisions that govern the indemnification or compensation of the corporation, an owner or a mortgagee regarding a dispute described in this clause.

This dispute is about the costs to repair or maintain the common elements, rather than being related to a provision that governs parking or vehicles. The issues that make up this dispute are not within the jurisdiction of the CAT.

ORDER

8The Tribunal orders the application dismissed.

Ian Darling Chair, Condominium Authority Tribunal