The Condominium Authority Tribunal of Ontario has ordered a Peel business owner to comply with a previous settlement agreement and to pay more than $11,000 in costs after finding repeated violations of restrictions on the use of common elements.
In Peel Standard Condominium Corporation No. 1002 v. Marshall, 2025 ONCAT 130, the tribunal found that Sean Anthony Marshall, who operates a business from his commercial condominium unit, breached the terms of a September 2024 settlement agreement with the corporation. PSCC 1002 is located at 6355 Kennedy Rd, Mississauga, Ontario, L5T 2L5.
The agreement had resolved an earlier tribunal case and prohibited Mr. Marshall from storing goods on the common elements, parking in loading areas for longer than necessary, and disposing of business-related waste in the corporation’s bins.
Despite these terms, the tribunal concluded that Mr. Marshall continued to stack and store skids and pallets on the common elements, park trailers, machinery, and vehicles for extended periods in loading areas, and dispose of broken skids in the shared garbage containers. Surveillance footage and time-stamped photographs taken between late 2024 and mid-2025 showed the violations occurring on multiple occasions, including while the present case was ongoing.
Mr. Marshall argued that other owners were engaging in similar conduct without enforcement action and suggested the corporation’s actions were discriminatory. The tribunal rejected these claims, noting that evidence of other units’ breaches was not proof of selective enforcement, and that the settlement agreement remained binding regardless of others’ conduct. The tribunal also pointed out that Mr. Marshall had the opportunity to litigate the original case instead of settling, and that the agreement included an acknowledgment that he could seek independent legal advice before signing.
The condominium corporation sought $18,496.68 in costs under a clause in the settlement agreement that allowed for full indemnity legal costs in enforcement proceedings. While acknowledging that costs awards are discretionary, the tribunal found that an award was warranted because Mr. Marshall had been warned twice about breaches and had the opportunity to comply before the new application was filed. However, Member Mary Ann Spencer determined that the corporation’s legal bill was disproportionate given that the case was largely uncontested and involved only one witness. She reduced the award to $11,000 in legal fees, plus $150 for tribunal fees, for a total of $11,150.
The tribunal’s order requires Mr. Marshall to immediately comply with the settlement terms. This includes restricting parking to designated spaces or approved loading areas for no longer than is reasonably necessary to load or unload goods, refraining from storing any materials in the loading areas, and ceasing to dispose of business-related waste in the condominium’s garbage bins. Mr. Marshall has 30 days from the decision’s release to pay the costs.
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