The Community Association DP 270427 v Kazagrandi; Kazagrandi v The Community Association DP 270427

The Community Association DP 270427 initiated proceedings against Igor and Inna Kazagrandi regarding the parking of a boat trailer on their property, which was subject to a parking easement. The Association argued that the trailer's parking violated the Community Management Statement and a by-law prohibiting heavy vehicle parking. The Kazagrandis contested the enforcement of these regulations, asserting that the by-law was unclear and, in its enforcement, harsh, unconscionable, or oppressive. They also sought discretionary reasons to exempt them from the by-law's application.

The court was tasked with determining the clarity of the by-law, whether it was harsh or oppressive, and if there were grounds to not enforce the by-law against the Kazagrandis. The court found that the by-law was clear and did not constitute an oppressive or unconscionable exercise of power. The Kazagrandis' arguments for discretionary non-enforcement were also rejected. The court ruled that the Kazagrandis must remove the trailer and comply with the by-law.

In the decision, the Tribunal ordered the Kazagrandis to remove the boat trailer and refrain from parking it on the lot in the future. The dismissal of the Kazagrandis' counter-claim was upheld. The parties were granted leave to submit written arguments on the issue of costs, with an option for the Tribunal to decide the matter without a hearing. The final orders required compliance with the by-law and outlined the procedure for cost submissions.