and its effect on the sentence. I see no error in principle and no
merit in the argument that the sentence is unfit. I would dismiss
the sentence appeal.
 I would dismiss the appeal.
Cheung v. York Region Condominium Corporation
[Indexed as: Cheung v. York Region Condominium Corp. No. 759]
2017 ONCA 633
Court of Appeal for Ontario, Weiler, Pardu and Benotto JJ.A.
August 3, 2017
Real property — Condominiums — Common elements — Applicant
owning three of 34 units in commercial condominium complex and leasing them to popular restaurant — Applicant’s desire to use all 162
shared parking spaces in common element parking area causing conflict between her and other unit owners — Condominium corporation
passing by-law which provided that it could from time to time grant
lease to each owner of four parking spaces on such terms as may be
deemed appropriate by board of directors — Application judge not erring in finding that by-law did not create exclusive use common elements
in manner contrary to Condominium Act, was not void for uncertainty
and was not oppressive — Condominium Act, 1998, S.O. 1998, c. 19.
The applicant owned three of the 34 units in a commercial condominium complex
and leased them to a very popular restaurant. She claimed that her tenant needed
all 162 of the parking spaces in the common element parking area. The owners of
other units objected. To resolve the dispute, the respondent passed a by-law that
provided that it could from time to time grant a lease to each owner of four parking
spaces in the common element parking area on such terms and conditions as may
be deemed appropriate by the board of directors. The applicant applied unsuccessfully for a declaration that the by-law was invalid. She appealed.
Held, the appeal should be dismissed.
Per Pardu J.A. (Benotto J.A. concurring): The application judge did not err in
finding that the by-law did not create exclusive use common elements in a manner
contrary to the Condominium Act, 1998. The by-law did not have the degree of
permanence to amount to, in effect, the creation of exclusive use common elements
which would pass with ownership of a unit. The board could repeal or vary the
by-law at any time. The application judge did not err in finding that the by-law was
not void for uncertainty and that it was not oppressive or unreasonable.
The applicant should not be granted leave to appeal the application judge’s