CONDOMINIUM AUTHORITY TRIBUNAL
DATE: December 1, 2025 CASE: 2025-00444N Citation: Martin v. Peel Condominium Corporation No. 289, 2025 ONCAT 203
Order under section 1.47 of the Condominium Act, 1998.
Member: Anne Gottlieb, Member
The Applicant: Zeeshaan Martin (Self-Represented)
The Respondent: Peel Condominium Corporation No. 289 (Represented by Inderpreet Sandhu, Counsel)
CONSENT ORDER
1Zeeshaan Martin brought this case to the Tribunal to clarify the use of his exclusive‑use parking spaces, associated with his unit at Peel Condominium Corporation No. 289 (“PCC 289”).
2In the Condominium Authority Tribunal’s (“CAT”) online dispute resolution system, the Parties agreed to settle this case in Stage 2 – Mediation.
3Under Rule 34.3 of the CAT’s Rules of Practice, the CAT can close a case in Stage 2 – Mediation if the Parties agree to the CAT making a consent order that resolves the dispute.
4With the consent of the Parties, the CAT orders that this case has been resolved, based upon the terms and conditions set out in this consent order.
ORDER
5Mr. Martin shall park his vehicle, or any future vehicle that he drives, in his designated exclusive‑use parking space, being A10, so long as the vehicle meets the current permitted size restrictions of Rule L15 of the current parking rules. For greater clarity, a copy of the current parking rules for PCC 289 is attached hereto as Schedule A to this Consent Order. This legacy provision shall remain in effect for as long as Mr. Martin owns his unit at PCC 289 and continues to use his current or future vehicle for personal/residential purposes on the premises of PCC 289. This provision will endure, notwithstanding any future amendments to the PCC 289’s rules, by‑laws, or declaration that may restrict commercially‑registered or company‑owned vehicles with incidental signage.
6Mr. Martin shall not store or transport any combustible, flammable, hazardous, or otherwise dangerous materials in his vehicle while it is parked in the underground garage.
7The vehicle driven by Mr. Martin shall be validly licensed and insured. The vehicle may be insured under a valid commercial insurance policy, which is fully compliant with Ontario law and is the standard for a company‑owned vehicle. Mr. Martin will provide PCC 289 with a copy of the fleet insurance certificate, on a one time basis, by no later than five (5) days from the issuance of this Consent Order.
8As with any other incident that may occur on the premises of PCC 289, or in a parking garage, Mr. Martin will cooperate and participate in any investigation should there be an incident whereby damage is caused by a vehicle that he drives or uses on the premises of PCC 289.
9The parties agree that each party shall bear its own costs, and that no legal fees, administrative fees, or chargebacks relating to this dispute/application shall be applied to Mr. Martin’s unit account.
10The parties agree that this Consent Order be issued and that this file be closed.
COMPLIANCE
11If any of the Parties fails to comply with any of the terms of this order, it may be enforced through the Ontario Superior Court of Justice.
Anne Gottlieb
Member, Condominium Authority Tribunal
Released on: December 1, 2025
SCHEDULE A
L: PARKING
Fire Route
L 01 Parking on any fire route at any time is forbidden by law.
Prohibited Areas
L 02 Parking is prohibited in or upon any entrance way, driveway, sidewalk, delivery and service parking area, and any other part of the common elements (except those areas designated for parking by Occupants or visitors).
Blocking
L 03 No motor vehicle or any other mode of conveyance (a “vehicle”), and no object of any kind shall stand, be parked, stopped, placed or installed on any portion of the common elements so as to block access to any fire access route, driveway, sidewalk, parking space, path, door, any installation upon the common elements, and other vehicles or persons, or in such a manner as might hinder, garbage and recycling collection, snow plowing, or cleaning of the roadways and sidewalks.
Signs
L 04 Each Occupant, driver or owner of a vehicle shall fully comply with all posted signs, directions, speed limits and Rules pertaining to driving or parking on the common elements.
Speed
L 05 No vehicle shall be driven on the common elements except on a driveway or authorized parking space. No vehicle shall be operated at a speed in excess of 16 km/hr (10 mph), or such other speed limit as may be posted. Check current signs for speed limits
Stopping
L 06 Vehicles without a driver, stopped or standing on a driveway are deemed to be parked and are subject to ticketing and towing. Stopping on a driveway is permitted for a period of not more than 5 minutes, provided the vehicle is attended by the driver and access by other vehicles is not thereby prevented, only to:
i) drop off or pick up passengers;
ii) drop off parcels, shopping, groceries or for other deliveries;
Please refrain from idling while stopped for more than 3 minutes.
Disabled
L 07 The driver of a vehicle who temporarily drops off an elderly or disabled person who requires assistance to a unit, upon notice to the concierge, may assist him or her, provided the vehicle does not block access by other vehicles, and the driver returns with 15 minutes to remove the vehicle from the driveway. No idling.
Repairs
L 08 No repairs or oil changes shall be made to a vehicle either in a parking space or on the common elements, other than such repairs as is necessary to permit towing of the vehicle to a service station or other location off the common elements. A vehicle which has been abandoned or is derelict or is unlicensed (including expired sticker) or incapable of moving under its own power shall not be parked on the common elements or any parking space and will be subject to removal at the discretion of the Manager.
Derelict
L 09 No person shall place, park or permit to be placed, or parked upon the common elements or in a parking unit any vehicle or object which, in the opinion of the Board or Manager, may pose a safety or security risk, remains unattended for a prolonged period of time, has a deteriorated physical condition, poor state of repair or unsightly appearance or constitutes a potential risk of damage to the property. Upon 72 hours written notice from the Board, or forthwith in the event of a potential emergency, the owner of such vehicle or object shall either remove or attend to the vehicle or object as directed by the Manager, in default of which the vehicle or object may be removed from the property at the expense of the Owner. If a vehicle or object is left standing in a parking space or upon the common elements and is unregistered with the Corporation or unlicensed, or if a vehicle or object is parked repeatedly in the parking space of an Owner without that Owner’s permission or approval, the vehicle or object may be ticketed, tagged and towed away without notice and at the expense of the owner of the vehicle or object and the designated Owner or Tenant with respect to any applicable parking space, on a joint and severable basis.
Garbage
L 10 Residue from the cleaning of the interior of a vehicle, such as ashtray debris or garbage must be disposed of in appropriate garbage containers.
Removal
L 11 The Corporation may require the Owner or driver of any vehicle or object parked, placed, stored, located or kept on the common elements in breach of a Rule to remove it forthwith. If any such vehicle or object is found on the common elements 15 minutes or more after notice thereof has been given to the Owner or driver or after the Corporation has placed a written notice underneath the windshield wipers or upon the object, the Corporation may arrange for the vehicle or object to be ticketed, tagged, towed and removed from the common elements and impounded or stored at the Owner’s expense.
Garage Maintenance
L 12 Vehicles shall be removed by the Owner thereof, or by the Owner or lessee of a designated parking space, from any part of the parking garage or any other parking space during periods of maintenance, cleaning or repairs, upon at least 24 hours’ prior notice given by the Corporation.
Towing
L 13 Any vehicle or object found to be in contravention of any of the Parking Rules may be ticketed, tagged and towed from its location, including any designated parking space, by a parking control officer, municipal police officer, or any of the Corporation’s Representatives or any other agent authorized by the Corporation, and such vehicle or object may be moved to an alternate parking space, other location upon the common elements or to an impound lot, whereupon the vehicle owner shall be responsible for all fines, costs and expenses pursuant to any municipal Bylaw, agreement or pursuant to breach of this Rule arising with respect to the costs of removal, impounding, storage and disposal of the vehicle or object and any legal or collection costs on a full indemnity basis, together with interest thereon.
Indemnity
L 14 Neither the Corporation nor the Corporation’s Representatives, a parking control officer, police officer, tow truck operator, pound operator, agent or authorized person involved in ticketing, tagging, towing, impounding, storing and/or dealing with a vehicle or object pursuant to these Parking Rules shall be liable for any loss or damage howsoever caused to the vehicle and any object or property contained therein, or for any cost, expense or damages suffered by the owner of the vehicle or object or by any other person, vehicle, object or property arising as a result thereof, and each owner of a vehicle or object who is in breach of any of the Parking Rules hereby releases and indemnifies such persons accordingly.
Use of Parking
L 15 Each parking space (whether a parking unit, or an exclusive-use or other common element parking space, or a Tenanted parking space) shall be used only for the purpose of parking a private passenger vehicle. A “private passenger vehicle”, is a vehicle that is restricted to a height of 7 feet and a length not exceeding 20 feet and includes:
i) one car, van, or sport utility vehicle;
ii) one motorcycle; and
iii) a pickup truck no larger than a three quarter (3/4) ton pickup truck, and, irrespective of the vehicle’s height or length, specifically excludes a truck larger than a three quarter (3/4) ton pickup truck and any tractor trailer, camper van, recreational vehicle having living, sleeping and/or cooking facilities, trailer, boat, snowmobile, mechanical toboggan, machinery, equipment or any vehicle used primarily for commercial purposes.
Parking Space
L 16 No portion of a vehicle shall extend beyond the boundaries of its parking space. Only one motor vehicle shall be parked in each single parking space, and no more than 2 motor vehicles may be parked in a parking space designated as a tandem parking space.
Designated Space
L 17 No person(s) other than the Owner(s) of the designated residential unit as may be set forth in the Declaration, or a permitted Occupant, may own, lease, park upon or use the Owner’s designated parking space. The Corporation may supply Occupants with parking decals identifying their parking space and require that the Occupants display those permits when parking in their designated space. If required, any such permits shall be visibly displayed on the vehicle windshield.
Lessee
L 18 No Occupant is permitted to sell, lease or dispose of their interest in, or right or privilege of use of, an exclusive use parking space if allocated in the Corporation’s Declaration to the applicable unit, except to the successor Owner of the unit and otherwise in accordance with any requirements set out in the Corporation’s Declaration. No “non-Resident” may purchase, lease, rent or use on any regular basis any parking space upon the property. The Owner of a residential unit who owns or has the exclusive use of any parking unit shall notify the manager of the Owner’s name and address, and the name, address and contact particulars of the Tenant of any parking space attributed to the Owner, subject to the requirements set out in Rules B.
Visitors Parking
L 19
a) No person shall park a vehicle on any visitor parking space unless that person is a visitor or Guest of an Occupant. Occupants are not permitted to park their vehicles within any visitors’ parking space at any time, except for short periods to facilitate access to their unit. Two (2) hours should be considered the absolute maximum, unless directed to do so by the Manager or for the purposes of maintenance, repairs, and services to the Corporation. Unauthorized vehicles parked in the visitors parking area are subject to ticketing and towing.
b) Visitors are permitted to park only in areas designated for visitors’ parking.
c) Each visitor’s parking space is available on a first-come, first-served basis.
d) Visitors who wish to park in the visitors’ parking area for a period exceeding 8 hours in any week must obtain a permit slip from the concierge or Manager. Permits are available for maximum period of up to 2 days at any one time. Visitor parking shall be limited to no more than 6 times per month per visitor. The Board may establish any other criteria applicable to the use of a visitor parking space by a caregiver or a family member. Exceptions to the visitor parking time limits identified herein may be made at the discretion of the Manager, whereupon an extended visitor parking permit may be issued to the visitor.
e) Valid parking permits visibly displayed from the exterior of the windshield and located on the dashboard of a vehicle are required for all visitors.
Bicycles
L 20 Bicycles are to be parked only in those areas designated for bicycle parking. Any Occupant wishing to store a bicycle must register his/her bicycle with the management office staff, which will in turn provide a bicycle parking tag and inform them of the bicycle storage room located in the first level of the parking garage. Occupants must display these tags on their bicycles when parking in their bicycle parking space. A bicycle may not be chained, stored or parked in any parking space or on any part of the common elements not specifically designated for bicycle parking. Only one bicycle is allowed per bicycle rack space. Bicycles found chained, stored or parked in contravention of this Rule will forcibly be removed, impounded at the bicycle owner’s expense and disposed of in accordance with Rule L 11 as may be determined by the Board, and neither the Corporation nor any of the Corporation’s Representatives shall be liable for any damage, damages or loss with respect to the bicycle as a result. Bicycles, skateboards and scooters are not to be used in common elements (driveways and parking area). Bicycles are not permitted in elevators.
GUIDE TO COMMUNITY LIVING AT PINNACLE 1
General Rules – Board Approved January 2021