16/05/2022 – Jurisdiction Ontario
Part 78 published on 01/06/2022
Tribunal denies owner’s request for legacy exemption in relation to dog
The condominium corporation passed a new Rule prohibiting dogs. However, the Rule included an exception for “dogs reported and kept in the building before February 1, 2022”.
Prior to February 1, 2022, the owner had agreed to purchase a dog from a breeder and had put down a deposit of $300 to secure the dog. The dog was to be available for pick-up in June 2022.
The condominium corporation carefully considered the owner’s request for a legacy exemption (grandfathering) for the particular dog and denied the request. The Tribunal confirmed the corporation’s decision. The Tribunal said:
While I am sympathetic to Ms. Decoste’s situation and acknowledge that the timing of the rule change is unfortunate, there is no evidence before me to suggest that HCC 134’s decision to deny Ms. Decoste an exemption is unreasonable.
…
I also accept that the board took the time to hear and discuss Ms. Decoste’s situation, concerns, and request for an exemption with her, and although they ultimately decided that an exemption could not be granted, I find that the board made its decision on how to apply the rule in good faith and with due diligence.