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Toronto Standard Condominium Corporation No. 2370 v. Chong et al. - 2021 ONCAT 108 - 2021-11-15

Corporation:

TSCC 2370

Date:

2021-11-15

Under:

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

Summary:

In the case of Toronto Standard Condominium Corporation No 2370 v Chong et al, the Condominium Authority Tribunal (CAT) issued a decision on November 15, 2021. Toronto Standard Condominium Corporation No 2370 (TSCC 2370) requested the permanent removal of Respondent B's dogs from the condominium unit he rented from Respondent A, citing violations of the corporation's pet nuisance rule. The CAT found that respondent B had failed to comply with TSCC 2370's declaration and rules and ordered him to remove his dogs within seven days. Additionally, Respondent A was ordered to pay costs of $2728.27, and Gopalakrishnan was ordered to pay costs of $8686.02 within 30 days.

Verdict:

the quick verdict/lesson from the case of Toronto Standard Condominium Corporation No 2370 v Chong et al is that respondent B's dogs were ordered to be permanently removed from the condominium unit due to violations of the corporation's pet nuisance rule, and Respondent A was ordered to pay costs. This case highlights the importance of compliance with condominium rules and the significance of evidence in legal proceedings.

Takeaways:

The Condominium Authority Tribunal ordered the permanent removal of Respondent B's dogs from the condominium unit he rented from Respondent A due to violations of the corporation's pet nuisance rule. TSCC 2370 requested the removal after receiving numerous complaints about loud and prolonged barking as well as aggressive behavior by the dogs on the common elements.

The CAT found that respondent B had failed to comply with TSCC 2370's declaration and rules. In addition to ordering the removal of the dogs, respondent A was ordered to pay costs of $2,728.27, and respondent B was ordered to pay costs of $8,686.02 within 30 days.

The case highlights the importance of compliance with governing documents in condominium living and the significance of evidence in legal proceedings. The tribunal considered witness testimony, video recordings, and written complaints and reports when reaching its decision.

Recommendations: 

Condominium owners and tenants should ensure they comply with the corporation's rules and regulations, including those relating to pets, to avoid disputes and potential legal action.
When receiving complaints about pet-related issues, owners and property managers should investigate and document the incidents, provide clear communications to tenants regarding the situation, and take legal action if necessary to enforce compliance.
In cases where pets are involved, tenants and owners should take steps to train and control their animals to ensure their safety and prevent disturbances to other residents. This includes properly leash pets in common areas and ensuring dogs do not engage in aggressive behavior.

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