14/06/2022 – Jurisdiction Ontario
Part 78 published on 01/06/2022
The CAT orders removal of a dog that contravened a prohibition of certain breeds
The condominium corporation’s Declaration contained a provision prohibiting certain breeds of dogs. The Tribunal ordered the removal of a dog (owned by a tenant) based upon non-compliance with this provision “unless a satisfactory letter from a licensed veterinarian is provided to WSCC 244 which states that (the dog) is not a Doberman or mixed breed Doberman”.
The Tribunal declined to order the tenant to pay any costs. The Tribunal’s reasoning included the following:
…the Applicant’s documents reveal that little effort was made to engage directly with Mr. Price-Matthews (the tenant) about Mikita even though, as was noted by WSCC 244, he was equally bound by the provisions of the declaration.
However, the Tribunal ordered the owner (landlord) to pay a portion of the corporation’s costs incurred for the CAT hearing process. The Tribunal said:
This was not a dispute that could be described as exceptional such as to warrant a substantial award of costs. But there was noncompliance and there was an obligation on the Respondent as owner to familiarize herself with the provisions in the declaration and, when faced with potential noncompliance, to explore measures with her tenant that may have resolved the issue.
…
While there was is no evidence of additional costs to WSCC 244 due to delays caused by the Respondent during the course of this hearing, I do find that the declaration provisions (including indemnification provisions) have some relevance and it is appropriate in this context to minimize the burden borne by other owners to secure compliance with the declaration and therefore it is not unreasonable that the Respondent bear some of the burden of the legal costs to secure compliance through this hearing. I award costs of $1,500.
Wellington Standard Condominium Corporation No. 244 v Pauli