CONDOMINIUM AUTHORITY TRIBUNAL
DATE: April 27, 2026 CASE: 2026-00146N Citation: Rooney v. York Condominium Corporation No. 187, 2026 ONCAT 77
Order under section 1.41 of the Condominium Act, 1998.
Member: Ian Darling, Chair
The Applicant, Ashford Rooney Self-represented
The Respondent, York Condominium Corporation No. 187
Submission Dates: March 19, 2026 to March 26, 2026
DISMISSAL ORDER
1The Applicant filed an application with the Condominium Authority Tribunal (CAT) on March 2, 2026. The CAT proposed to dismiss the case under Rule 19.1 of the CAT’s Rules of Practice because it has no legal power to decide the dispute. The Applicant did not respond to the Notice. This order explains why the case is dismissed.
2The Applicant filed a nuisance application with the Condominium Authority Tribunal (“CAT”) against York Condominium Corporation No. 187 (“YCC 187”). The Applicant is a unit owner in YCC 187.
3The Applicant alleges that, because the corporation did not maintain a ramp leading to the garage entrance, this caused his car to damage the common elements garage door. The Applicant was charged for the damage. He also asserts that the corporation has not proven that the full amount charged, $3,125.02, was directly caused by his actions, as required under section 105 of the Condominium Act, 1998 (“the Act”).
4The CAT’s jurisdiction to consider a chargeback related to parking arises under Ontario Regulation 179/17 (“O. Reg. 179/17”), but only where there is a provision governing parking. Specifically, s. 1. (1) (d) (iii) and (iv) provides the following.
- (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:
(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.
5The issues raised fall under s. 117(1) of the Act, which related to physical damage of the common elements. The Tribunal does not have the authority to hear matters which fall under s. 117(1).
6The Applicant has not identified any provision that would permit the Tribunal to consider the issues raised under O. Reg. 179/17.
ORDER
7The application is dismissed because the CAT does not have the jurisdiction to consider this matter.
Ian Darling
Chair, Condominium Authority Tribunal
Released on: April 27, 2026