28/06/2021 – Jurisdiction Ontario
Part 75 published on 01/09/2021
CAT has jurisdiction to determine validity of Declaration amendment relating to pets
This case involved a dispute about an amendment to the Declaration of the commercial condominium. The condominium corporation had amended the Declaration to allow the units to be used as veterinary clinics. Previously, only guide dogs and assistance dogs were permitted in the units.
An owner asserted that the condominium corporation had not followed the proper procedures to amend the Declaration under Section 107 of the Condominium Act, 1998. The condominium corporation argued that this was therefore a dispute about the procedures in Section 107 – not about animals – and therefore fell outside the CAT’s jurisdiction.
The CAT held that this was a dispute about a provision to govern pets or other animals and therefore fell within the CAT’s jurisdiction. The CAT therefore ordered that the hearing should proceed. The CAT said:
The Tribunal is not precluded from considering procedural matters in determining the validity of a provision.
TW Cross Investments Ltd v Peel Standard Condominium Corporation No. 1052