Part 48 published on 01/11/14
Pet violates by-law, but removal stayed until pet either dies or is relocated
The condominium by-laws permitted pets with written consent of the Board. The Board had traditionally provided consent, upon request, and there were a number of pets in the building.
The by-laws also provided for removal of any pet deemed to be a nuisance.
One of the owners had two cats, and she had failed to request or obtain consent for the cats. The corporation demanded that the cats be removed – due to the lack of consent (not because the cats had caused any sort of problem). The owner refused to remove the cats. [By the time of the Court Hearing, only one cat remained.] The Court said that the Board had a duty “to act fairly in making a decision that affects the ‘rights, privileges or interests’ of an owner”. The Court considered the principles of oppression contained in Section 67 of the Condominium Property Act, and the competing interests of the pet owner and the other residents in the building (including some with allergies to cats) and declared that the pet owner was in breach of the by-law (for the lack of written consent). However, the Court ordered that the enforcement of the by-law be stayed or delayed until the cat either died of natural causes or was relocated.