Matt Michaluk

The applicant condominium corporation brought an application against a unit owner for alleged inappropriate conduct related to parking and nuisance.

The respondent had parked his vehicle in a manner that impeded the corporation's snow removal operations, forcing the corporation to incur costs for off-site snow storage.

The Tribunal found that while the respondent did not breach the specific parking rules cited, his actions in impeding snow removal constituted a nuisance under the corporation's declaration.

The respondent was ordered to comply with the declaration and to reimburse the corporation for the additional snow removal costs, legal compliance costs, and a portion of the Tribunal proceeding costs.

The applicant appealed a decision by Tarion Warranty Corporation denying his claim that the builder breached a warranty by installing an acrylic shower base instead of a ceramic tile base in his new condominium.

The applicant argued the Agreement of Purchase and Sale (APS) implied a ceramic base by describing a 'site-built ceramic tiled shower'.

The Tribunal found the APS did not explicitly specify a ceramic base and limited ceramic tile selection to the walls.

As the APS lacked the required specificity, no substitution occurred under section 19 of Regulation 892.

The appeal was dismissed, and the Tribunal declined to award costs against the applicant despite his failure to disclose his legal training.