A condominium corporation passed a by-law to lease four common element parking spaces to each unit owner to address a parking dispute caused by a popular restaurant tenant monopolizing shared parking.
The appellant unit owner, who leased her units to the restaurant, challenged the by-law as invalid, unreasonable, and oppressive.
The application judge dismissed the application.
On appeal, the majority upheld the application judge's decision, finding the by-law valid and reasonable.
However, Justice Weiler dissented, holding the by-law invalid because it effectively created permanent exclusive use common elements without amending the declaration, and unreasonable because there was no evidence supporting an increase from two to four parking spaces per unit and no practical alternative parking existed.
