01/10/2021 – Jurisdiction Ontario
Part 76 published on 01/12/2021
CAT orders removal of nuisance dogs
The condominium corporation applied to the CAT for relief in relation to two alleged nuisance dogs. The evidence revealed that:
- the Respondent had allowed her Shepherd dogs to run off-leash on the common elements;
- she had lost control of the dogs and had to chase them when they ran away from her;
- the dogs had charged towards other dogs on more than one occasion;
- the dogs had been kept in the Respondent’s garage (attached to her unit) where they barked and howled loudly, excessively and continuously for extended periods of time, for several hours at a time and for as long as 12 hours on occasion;
- the barking had caused disturbance to the Respondent’s neighbours, which was described by one neighbour as offensive and which negatively affected another neighbour’s ability to sleep, work, have solitude, and spend time with friends in his home; and
- complaints had been received about the Respondent not cleaning up after her dogs when they defecate on the common elements.
The CAT concluded that the above circumstances violated provisions in the condominium corporation’s Declaration and Rules because the dogs had caused disturbance or nuisance to other residents, because the dogs had been allowed to run loose (not on a leash), because the dogs had been allowed to threaten the safety of others, and because the Respondent had not cleaned up after the dogs.
The corporation’s Rules also included provisions allowing the corporation to demand permanent removal of the dogs on two weeks’ notice. The CAT said:
I find that the Rules allow the Applicant to take action to have the Respondent’s dogs permanently removed from her unit, and that the Applicant has followed the process set out in the Rules to do so.
However, the CAT did not precisely enforce those provisions. Instead, the CAT ordered that the dogs be permanently removed within 30 days. This order was made under Section 1.44(1)2 of the Condominium Act, 1998.
Middlesex Vacant Land Condominium Corporation No. 605 v Cui (CAT)