Metropolitan Toronto Condominium Corporation No. 949 v. Staib [Ontario Superior Court]

The corporation’s declaration contained a “no pets” provision.  One of the owners had a cat, and the Court concluded that the condominium corporation would have to have known about the cat for many years. 

Although such “no pet” provisions in a condominium declaration are generally enforceable, the Court declined to enforce the provision in this case because of the corporation’s delay and because the owner had been compromised by the delay. [The cat had become too old to move to another home.  It had become “unadoptable”.]   

The decision was upheld by the Court of Appeal.  

The condominium corporation is seeking leave to appeal to the Supreme Court of Canada.