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Toronto Standard Condominium Corporation No. 2208 v. Kaissi et al. - 2022 ONCAT 92 - 2022-08-26

Corporation:

TSCC 2208

Date:

2022-08-26

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Pets and Animals

Summary:

The case of Toronto Standard Condominium Corporation No 2208 v. Kaissi et al was brought to the Condominium Authority Tribunal to determine whether the respondents' dog should be permanently removed from the condominium premises. The dog had caused injury to another dog on the premises, and the condominium corporation deemed it to be a nuisance as per their declaration and rules. However, the tribunal dismissed the application by the corporation, ruling that the respondents' dog should not be removed from the property, and awarded costs of $5,000 to the respondents.

Verdict:

Verdict: The tribunal dismissed the application by the condominium corporation and ruled that the respondents' dog should not be permanently removed from the condominium premises. The respondents were awarded costs of $5,000.

Lesson: The lesson from this case is that condominium corporations need to ensure they have clear and consistent declarations and rules in place regarding pets and their behavior on the premises. Failure to enforce these rules and conduct proper investigations can weaken the case against a resident's pet.

Takeaways:

Declarations and Rules: Condominium corporations need to have clear and consistent declarations and rules in place to govern the behavior of residents and their pets on the premises. In the absence of such declarations and rules, disputes may arise that can lead to costly legal proceedings.
Investigation: Condominium corporations should conduct thorough investigations into incidents on the premises before taking any punitive action. In this case, the tribunal found that the corporation's failure to investigate the matter independently and the absence of proper enforcement of their pet rules created a situation that contributed to the incident.
Cost Allocation: In disputes between a condominium corporation and residents, the tribunal may award costs to the successful party. Therefore, it is essential for both parties to carefully consider the merits of their case before proceeding to avoid incurring unnecessary costs.

Recommendations: 

Clear Pet Policies: Condominium corporations should establish comprehensive and clear pet policies that outline expected behavior, potential consequences for non-compliance, and dispute resolution mechanisms. This can help prevent conflicts and provide guidance for dealing with issues related to pets.
Proper Investigation: It is crucial for condominium corporations to conduct thorough investigations into incidents involving pets before taking any disciplinary action. Gathering evidence, interviewing witnesses, and considering all perspectives can ensure a fair and informed decision-making process.
Mediation and Communication: In pet-related disputes, proactive communication and mediation between the parties involved can often help resolve conflicts amicably. By fostering open dialogue and encouraging compromise, condominium corporations can promote a more harmonious living environment for all residents.

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