#13725
Jimmy-T
Keymaster

    That's the heart of the matter – is a bylaw that says effectively and literally, “we give you permission to clamp our cars” a true instrument of legal permission by the owner? If it is, then such a by-law is not in contravention of the law because the law allows for permission to be given.

    Don't get me wrong – I'm not saying this is the case.  I don't know. As I said in my column, this hasn't been tested and it may not be valid. We won't know for sure until someone challenges it and gets a ruling.

    However, I can assure you this by-law has been adopted in a couple of buildings (to great effect on the parking problem – I hasten to add) and I don't know of any cases where it has been struck down either at the CTTT or in court.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.