15/11/2021 – Jurisdiction Ontario
Part 76 published on 01/12/2021
CAT orders removal of nuisance dogs and also orders tenant to pay 50% of condominium corporation’s legal costs for CAT proceeding
The CAT held that a tenant’s dogs were a nuisance, because of excessive barking and also because of aggressive behaviour. The dogs therefore contravened the condominium corporation’s Declaration and Rules and the CAT ordered that they be removed in seven days.
The CAT also ordered the tenant to pay 50% of the condominium corporation’s legal costs incurred for the CAT proceeding, because of the tenant’s failure to address repeated requests for compliance made by the condominium corporation. The CAT said:
I find that Mr. Gopalakrishnan’s persistent breach of TSCC 2370’s pet rule O. 11 for a period extending over six months, his denial that his dogs’ barking was an issue and his blatant refusal to comply with TSCC 2370’s escalating efforts to obtain his compliance with the rule comprises an exceptional reason to award legal fees in this case.
Toronto Standard Condominium Corporation No. 2370 v Chong et al (CAT)