The applicant, a condominium unit owner, challenged the validity of a by-law passed by the respondent condominium corporation that leased common element parking spaces to unit holders.
The applicant argued the by-law was ultra vires, discriminatory, unreasonable, and oppressive, as it restricted her tenant's (a popular restaurant) access to parking.
The court found the by-law valid under the Condominium Act, not discriminatory, and that the Board's actions were not oppressive, as they were a reasonable response to a parking monopolization issue caused by the applicant's tenant.
The application was dismissed.
