Lenka Cernova-Cerrato

The applicant condominium owner filed an application regarding the corporation's enforcement of boat mooring rules.

The Tribunal considered whether it had jurisdiction to hear the matter under Ontario Regulation 179/17, which requires the dispute to involve a unit, common element, or asset of the corporation.

The Tribunal found that the retaining wall used for mooring was owned by a third party and the corporation only had a contractual right to use it, not an ownership or leasehold interest.

Consequently, the mooring space was not a unit, common element, or asset of the corporation, and the application was dismissed for lack of jurisdiction.

The applicant unit owner brought a motion to add the owner of the waterfront property as an intervenor in an application alleging the condominium corporation failed to enforce its boat mooring policy.

The applicant argued the property owner could be directly affected by the tribunal's decision regarding the boundaries of the mooring space.

The tribunal dismissed the motion, finding that any compliance order regarding the allocation of mooring space would be directed solely to the condominium corporation, providing no basis to add the property owner as a party.