04/01/2022 – Jurisdiction Ontario
Part 77 published on 01/03/2022
CAT orders owner to remove cat
The Condominium Authority Tribunal (CAT) ordered the owner to permanently remove her cat from her unit, within 14 days of the order. The owner was also prohibited from bringing any new pets into her unit. The decision includes the following:
MTCC 736’s declaration states that no animals, including those usually considered pets, are allowed in the residential units or on the common elements of the corporation. Notwithstanding these “no pet” provisions, at an unknown date, MTCC 736 passed a rule which permitted pets. However, on October 2, 2013, in accordance with the provisions of s. 58 of the Condominium Act, 1998 (the “Act”), MTCC 736 notified owners of its intent to modify the rules to be consistent with the declaration.
The amended rules, effective November 7, 2013, stated that only existing pets registered by owners within 30 days of the rules’ effective date could be kept on the premises. It further stated that these registered pets could not be replaced.
The owner’s cat was not registered in accordance with the Rule (and apparently arrived some time thereafter). Therefore, the cat was not permitted.
The CAT also ordered the owner to pay some of the pre-CAT enforcement costs (legal costs) incurred by the condominium corporation, as well some of the costs incurred to repair damage caused by the cat to a balcony. The amounts awarded to the condominium corporation were reduced due to the condominium corporation having failed to minimize the costs (because of delay).
Metropolitan Toronto Condominium Corporation No. 736 v Verstova