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Middlesex Condominium Corporation No. 337 v. 2447127 Ontario Inc. et al. - 2023 ONCAT 100 - 2023-07-21

Corporation:

MCC 337

Date:

2023-07-21

Under:

CAT Decisions - Decision
Compliance with Settlement Agreement
Pets and Animals

Summary:

In the case of Middlesex Condominium Corporation No. 337 v. 2447127 Ontario Inc. et al. (2023 ONCAT 100), the Middlesex Condominium Corporation No. 337 (MCC 337) alleged that the Respondents violated a Settlement Agreement related to the control of dogs in their condominium. The Settlement Agreement had provisions stating that dogs must be leashed when in the common areas. The case involved video evidence and statements from neighbors to establish whether the Respondents complied with the agreement. The Tribunal found that the tenant respondents' dog had been outside without a leash on several occasions but concluded that these occurrences were accidental and not willful violations. The Tribunal ordered the tenant respondents to ensure stronger leashes and exercise caution when opening their unit's door, and they were required to pay MCC 337's CAT fees

Verdict:

In this case, Middlesex Condominium Corporation No. 337 (MCC 337) alleged that the tenant respondents violated a Settlement Agreement by allowing their dog to be unleashed in common areas. The Tribunal found that these violations were accidental, as they occurred due to a broken leash or the dog escaping from the unit. The tenant respondents were ordered to pay MCC 337's CAT fees and were directed to ensure stronger leashes and exercise greater caution when opening their unit's door to prevent the dog from running out unleashed, emphasizing the importance of adherence to settlement agreements and considering the specific circumstances in such cases.

Takeaways:

Takeaways from the Middlesex Condominium Corporation No. 337 v. 2447127 Ontario Inc. et al. case (2023 ONCAT 100):

Dispute Background: This case revolved around alleged violations of a Settlement Agreement regarding the control of dogs in a condominium complex. The agreement required that dogs be leashed in common areas, and the Applicant, Middlesex Condominium Corporation No. 337 (MCC 337), claimed that the Respondents had contravened this settlement.

Video Evidence: The case relied heavily on video evidence, which captured instances of the tenant respondents' dog being outside without a leash. MCC 337 presented this evidence to support its claim.

Accidental Violations: The Tribunal found that the dog's leash violations were accidental and not willful. They occurred due to a broken leash or the dog escaping from the unit. These incidents did not appear to have a direct negative impact on others.

Tribunal's Order: The Tribunal ordered the tenant respondents to ensure stronger leashes and exercise greater caution when opening their unit's door to prevent the dog from running out unleashed. Additionally, they were required to pay MCC 337's CAT fees.

Legal Process: The case illustrates the process of resolving condominium disputes under the Condominium Act, 1998, through the Condominium Authority Tribunal (CAT). Parties can seek redress for alleged violations of settlement agreements, and the CAT has the authority to issue appropriate orders to remedy such violations.

Recommendations: 

Enforce compliance with settlement agreements: In this case, the Middlesex Condominium Corporation No 337 alleged that the respondents had contravened a settlement agreement that was reached between the parties. It is important for condominium corporations to ensure that settlement agreements are properly enforced. This includes monitoring compliance by all parties involved and taking appropriate actions when violations occur.

Educate residents on pet policies: The allegations in this case involved the respondents allowing their dog to be unleashed in the common elements, which was a violation of the settlement agreement. To prevent similar issues, the condominium corporation should educate residents about the pet policies and rules that are in place. Clear communication and reminders can help residents understand their responsibilities and avoid potential contraventions.

Address harassment concerns and resolve underlying disputes: The tenant respondents in this case argued that the neighbours who provided statements and video evidence had been engaged in a course of harassment. It is important for the condominium corporation to address any harassment concerns and resolve underlying disputes between residents. This may involve facilitating mediation or providing resources for conflict resolution. Creating a harmonious living environment is essential for the well-being and satisfaction of all residents

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