20/05/2021 – Jurisdiction Ontario
Part 74 published on 01/03/2021
CAT orders removal of dog and payment of enforcement costs.
CAT ordered the owner to remove a dog that did not comply with the condominium corporation’s Rule restricting the weight of household pets to 40 pounds.
The Tribunal went on to order the owner to pay the following:
- $536 for delivery of a “legal letter” to the owner;
- $200 for Tribunal fees; and
- $3926.75 for legal fees for the CAT hearing itself (hearing costs).
CAT agreed with previous Court decisions which have stated that “it is not fair that other owners be required to pay for another unit owner’s unwarranted conduct”; and also noted as follows:
It was only after multiple, cost free, attempts to enforce compliance that PCC 96 was required to take steps that led to PCC 96 incurring costs.
In relation to the legal letter: CAT said that it could award such costs as “compensation”, up to a limit of $25,000, pursuant to Section 1.44(1)3 of the Condominium Act, 1998. The decision also includes reference to an indemnification provision contained in the Rules of the condominium… which stated that owners would be held responsible for costs incurred by the corporation as a result of a violation of the Rules. But the decision (to award the compensation) does not appear to depend upon that provision.
In terms of the “hearing costs”: CAT said that (according to CAT’s Rules) such costs will only be awarded in exceptional circumstances. But CAT went on to say that exceptional circumstances existed in this case because the owner had
deliberately and repeatedly ignored the condominium’s numerous attempts to request his voluntary compliance”… and had done so “without apparent concern for the clear provision of PCC 96’s rules that would make him personally responsible for the condominium’s costs arising from his non-compliance.