STACK LLP officially opens its doors on January 1, 2026. We’re building a smarter, sharper, more connected way to deliver condo law. We’re excited to start working with you in the new year!

CAT Gives Green Light on Blanket Bans on E-Bikes in Condos

CAT Gives Green Light on Blanket Bans on E-Bikes in Condos

CAT Gives Green Light on Blanket Bans on E-Bikes in Condos

E-bikes have become one of the most discussed fire safety topics in Ontario condominium circles over the past year. Boards are weighing outright bans against charging restrictions, insurers are asking pointed questions about lithium-ion batteries, and owners who rely on e-bikes for daily transportation are pushing back on rules about these bikes.

A new CAT decision, Hinton v. Toronto Standard Condominium Corporation No. 2587, gives boards their clearest guidance yet on how far a blanket prohibition can go.

DON’T MISS OUR UPCOMING WEBINAR: 

Legal Fee Chargebbacks: Now what?

When:      September 16, 2026 | 12:00–1:00 p.m.
Where:     Online and only at STACK
CPE Accredited: 1 hour
Speakers:  Rod Escayola, Jason Rivait, Josh Milgrom.

The facts

TSCC 2587 adopted Rule 18 in late 2025, banning e-bikes and similar electric devices from the property entirely. The rule went beyond charging restrictions: e-bikes couldn’t be stored in units, parking spaces, or lockers, and couldn’t be moved through the lobby, corridors, or elevators.

The corporation circulated notice of the new rule a month in advance, as required under section 46 of the Condominium Act, and no owner requisitioned a meeting to vote it down before it took effect.

The applicant was the unit owner, Michael Hinton, but the case was really driven by his tenant, Tristan Mendoza, who owned the e-bike in question.

Mendoza’s bike wasn’t a surprise to management. He had emailed a photo of it and asked about storage back in September 2024, more than a year before Rule 18 existed, and had used it as his primary transportation for about 15 months without incident. When the corporation issued removal notices in February 2026, Mendoza pushed back, offering to provide technical specs on his sealed lead-acid battery and to make the bike available for inspection.

The CAT sided with the corporation on every issue. The Tribunal found that fire safety concerns fall squarely within the purposes permitted under section 58, that a condominium board isn’t required to produce expert evidence before adopting a safety rule, and that a uniform, non-discretionary rule is a reasonable way to manage risk in a multi-residential building. The application was dismissed, but the tribunal declined to award costs to either side.

What this means for boards and managers

A rule doesn’t need to be scientifically proven to be reasonable. The tribunal confirmed that a board can act on a reasonably perceived risk. It doesn’t have to commission a battery-safety study before restricting e-bikes.

Follow the rule adoption process to the letter. The corporation’s compliance with the formal process to adopt a rule was treated as meaningful context supporting the rule’s reasonableness. A rule that skips or shortcuts this process is exposed to the risk of invalidty.

A clean, uniform rule is defensible even if it sweeps in low-risk cases. The board wasn’t required to build in exceptions for particular battery chemistries or individual circumstances. Simplicity and consistent enforceability count in the board’s favour.

Document the enforcement trail. TSCC 2587’s escalating written notices, spread over several days with a final notice before any real consequence, were central to the finding that enforcement was measured rather than arbitrary.

A clean safety record doesn’t immunize a resident from a new rule. Fifteen months without incident didn’t help Mendoza. Preventative rules are, by design, meant to apply before something goes wrong.

Prior knowledge or informal tolerance of an item doesn’t stop the board from regulating it later. Management’s awareness of the e-bike since 2024 did not create a grandfathering obligation once Rule 18 came into force.

Winning doesn’t guarantee a costs award. Even with a rule provision treating enforcement costs as an added common expense, the tribunal found this was a genuine, good-faith dispute and left each party to bear its own costs. This is another reminder that at the CAT, corporations and owners should manage expectations on costs – especially before litigating a case that turns on a novel issue.

The bigger picture

With e-bike adoption climbing and battery fire risk drawing more attention from insurers and fire services, more boards are likely to face this exact fact pattern: a resident with a device that predates the rule, no history of incident, and a genuine objection to a blanket ban. Hinton tells boards that a well-drafted, properly noticed, evenly enforced rule can hold up, even against such a set of facts. When in doubt, always best to ask your favourite condo lawyer for advice!

Image

Graeme MacPherson

(Condo Lawyer)

Dynamic and skilled, Graeme is a trusted condo litigator, experienced in resolving complex disputes efficiently.

category

Subscribe to our blog

Already a Condo Adviser subscriber?
You’re all set. No need to sign up again — we’ve got you covered.

Blog

Recent Blogs

The law governing condo legal fee chargebacks has changed, and condos must now rethink how they recover legal
The CAT is getting a facelift: a new online platform, new rules, easier service, tighter timelines—and a notable
Effective December 31, significant changes will affect how condo owners requisition meetings. Here's everything you need to know.