top of page
White Columns
< Back

Metropolitan Toronto Condominium Corporation No. 736 v. Verstova - 2022 ONCAT 1 - 2022-01-04

Corporation:

MTCC 736

Date:

2022-01-04

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Indemnification or Compensation
Pets and Animals

Summary:

The case of Metropolitan Toronto Condominium Corporation No 736 v Verstova highlights a dispute over the violation of pet-related provisions of the corporation's declaration and rules. The condominium corporation alleged that the unit owner kept a cat, which damaged common elements, and failed to comply with pet-related provisions. The tribunal found that the unit owner failed to comply with the declaration and rules and violated condominium regulations. Therefore, the tribunal ordered the unit owner to permanently remove the cat from the condominium unit, prohibited her from acquiring additional pets, and ordered payments for the condominium corporation's legal fees, expenses, and common element repairs.

Verdict:

the quick verdict or lesson from the case of Metropolitan Toronto Condominium Corporation No 736 v Verstova is that the tribunal ordered the respondent to permanently remove her cat from her condominium unit for violating the pet-related provisions, and she was also ordered to pay for the condominium corporation's legal fees, expenses, and the cost of repairing the common elements. The case demonstrates the importance of adhering to the rules and regulations set by the condominium corporation, particularly regarding pets, and highlights the potential financial consequences for non-compliance.

Takeaways:

Violation of pet-related provisions: The case highlights the importance of complying with the pet-related provisions outlined in the declaration and rules of a condominium corporation. The respondent was found to be in violation of these provisions by keeping a cat in her unit and allowing it to use the balcony.

Removal of the cat: The tribunal ordered the respondent to permanently remove the cat from her condominium unit within 30 days of the decision. This ruling emphasizes the enforcement of regulations to maintain the integrity and standards set by the condominium corporation.

Indemnification and financial obligations: In addition to the removal of the cat, the respondent was ordered to pay for the condominium corporation's legal fees, expenses, and the cost of repairing the common elements. This serves as a reminder that individuals may be held financially responsible for their actions that cause damage or non-compliance within the condominium community.

Recommendations: 

Familiarize yourself with the condominium corporation's declaration, by-laws, and rules: It is crucial for condominium owners and residents to thoroughly understand the provisions outlined in the declaration, by-laws, and rules of their condominium corporation. Take the time to read and familiarize yourself with these documents to ensure compliance with regulations regarding pets and other aspects of condominium living.

Comply with pet-related regulations: To avoid potential legal disputes and penalties, it is essential to comply with the pet-related regulations of the condominium corporation. In this specific case, the respondent failed to comply with the pet-related provisions outlined in the declaration and rules and was ordered to permanently remove the cat from her unit. Adhere to any restrictions or guidelines regarding pets in order to avoid similar consequences.

Cooperate with the condominium corporation and address complaints: It is important to be responsive to complaints or notifications from the condominium corporation and take prompt action to address any issues. In this case, the respondent received several warnings and demands to remove the cat from her unit but failed to comply, which resulted in legal action. By cooperating with the condominium corporation and working towards resolving complaints or violations, you can maintain a harmonious living environment and avoid potential legal consequences.

bottom of page