Part 38 published on 01/05/12
Fines not properly levied by Condominium Corporation. Corporation also not entitled to costs for application to remove dog that had already been removed
The condominium corporation purported to levy fines against an owner for the owner’s failure to clean up after his dog. The Court denied judgment for recovery of the fines, for two reasons:
a) There was no evidence of a Board resolution to deliver notice of default to the owner (as required by the corporation’s by-laws).
b) The corporation’s notices to the owner also did not make any reference to a reasonable opportunity to rectify the default (again, as required by the by-laws).
The Court also refused to award any costs to the condominium corporation in relation to the corporation’s application for removal of the dog. The dog had been removed before the application was started. Although the owner had failed to advise the corporation that the dog had been removed, the Court said that the corporation should have ascertained the status of the dog before it “decided to forge ahead with legal action”.