Part 50 published on 01/05/15
On appeal, cat permitted to stay as a grandfathered pet
The condominium’s by-laws permitted pets, but only with written consent of the board. The board had not given consent for the owner’s cat, and the lower Court held that the cat was in violation of the by-law. However, the lower Court ordered that the enforcement of the by-law be stayed or delayed until the cat either died of natural causes or was relocated. [See Condo Cases Across Canada, Part 48, November 2014.]
The corporation appealed, arguing that the lower Court had not shown sufficient deference to the corporation’s decision to require that pets be removed.
The Appeal Court noted that the board had decided, in 2012, to eliminate cats from the building. This objective would be met by refusing new cats, and by ordering the removal of all cats whose owners had not obtained written permission from the board. Cats which had received permission at that time were “grandfathered” and permitted to stay. The owner (Ms. Stebbing) had moved into the building in 2010, but had never received consent for her cat.
The Appeal Court held that Ms. Stebbing should be permitted to keep her cat as a “grandfathered pet” because the corporation had either permitted the cat or had failed to take steps with reasonable haste to require its removal.