Metropolitan Condominium Corporation No. 949 v. Staib [See Condo Cases Across Canada, Part 13 (February 2006)] (November 25, 2005 Ontario Court of Appeal)

In this case, the Trial Court had declined to enforce a “No Pets” provision in a declaration in circumstances where the condominium corporation was deemed have been aware of the presence of a cat in a unit, but was too slow in taking steps to require the cat’s removal. The decision was upheld by the Ontario Court of Appeal. The condominium corporation then sought leave to appeal to the Supreme Court of Canada. Leave to appeal was refused by the Supreme Court of Canada in April 2006, with costs awarded to the owner.