Durham Condominium Corp. No. 187 v. Morton (Ontario Superior Court)

The Court ordered removal of the owner’s two dogs for the following reasons: 

• The condominium by-laws said that residents could have only one pet.
• The dogs in question each weighed more than 20 kilograms, which also contravened the condominium’s by-laws.
• The owner had allowed the dogs to run off-leash and at times the dogs had jumped up at people, thereby frightening them.
• The dogs posed a risk of harm to persons, and accordingly contravened Section 117 of the Condominium Act, 1998.  The Court said:  “Concern about potential injury to others exists.”
• Mandatory mediation and arbitration did not apply because “the issues here involved the Act”. 

Although there had been some selective enforcement on the part of the condominium corporation, the Court did not feel that the corporation had “conducted itself either in a vendetta towards Mr. Morton or selectively against him without cause”.  The corporation had properly responded to complaints about Mr. Morton’s dogs.   Similar complaints had not been received about other violations.