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Wellington Standard Condominium Corporation No. 244 v. Pauli - 2022 ONCAT 64 - 2022-06-14
Corporation:
WSCC 244
Date:
2022-06-14
Summary:
In the case of Wellington Standard Condominium Corporation No. 244 v. Pauli, the condominium corporation filed an application alleging that the unit owner and her tenant had breached the declaration by having a dog that appeared to be a prohibited breed, a Doberman or mixed breed Doberman. After a written online hearing, the decision-maker found that the dog was likely a Doberman mix and ordered its removal within 21 days unless a letter from a licensed veterinarian confirmed otherwise. The Respondent was also required to reimburse the condominium corporation for $200 in Tribunal fees and $1,500 in legal fees. The decision emphasized the importance of requesting accommodation for emotional support animals when necessary and considered the impact of the cost order on the Respondent
Under:
CAT Decisions - Decision
Pets and Animals
Verdict:
In the case of Wellington Standard Condominium Corporation No. 244 v. Pauli, the Condominium Authority Tribunal found that the respondent and her tenant had failed to comply with the condominium's declaration, specifically regarding the prohibition of certain dog breeds. As a result, the tribunal ordered the removal of the dog unless a satisfactory letter from a licensed veterinarian confirming that the dog is not a prohibited breed was provided within 21 days. The respondent was also ordered to pay $1,700 to cover the tribunal fee and legal costs incurred by the applicant.
Takeaways:
Pet Restrictions in Condominiums: The case revolves around a dispute within a condominium where the applicant (Wellington Standard Condominium Corporation No. 244) alleged that a unit owner and her tenant failed to comply with pet restrictions in the condominium's declaration, particularly regarding certain dog breeds.
Noncompliance and Pet Removal: The tribunal found that the respondent and her tenant were indeed in noncompliance with the pet provision in the declaration. As a result, they were ordered to remove the dog in question, unless a letter from a licensed veterinarian confirming that the dog is not a prohibited breed was provided within 21 days.
Cost Allocation: The tribunal exercised discretion in awarding costs. It ordered the respondent to reimburse the applicant for the tribunal fees and legal costs ($1,700). Notably, the tribunal did not order costs against the tenant (Intervenor) due to the courteous and reasonable conduct of both parties.
Importance of Clear Communication: The case highlights the importance of clear communication and the obligation of condominium unit owners to understand and adhere to the condominium's rules and declaration. Additionally, it underscores the significance of making requests for accommodation when applicable under the Human Rights Code.
Balancing Costs and Compliance: The tribunal considered the potential impact of costs on the respondent and took into account the indemnification provisions in the condominium's governing documents when deciding the amount of costs awarded. It emphasized the need for condominium corporations to act reasonably when incurring legal and compliance costs.
Recommendations:
Compliance with Condominium Declarations: It is crucial for condominium owners to thoroughly review the declaration, by-laws, and rules of their condominium corporation before making any decisions related to pets and animals. In this case, the respondent, Nicole Pauli, did not dispute that her tenant had a dog that may be a Doberman mix. It's essential for condominium owners and tenants to be aware of and adhere to the rules and restrictions regarding pets in their condominium.
Clear Communication and Conflict Resolution: When disputes arise between condominium owners and the condominium corporation, it is advisable for both parties to engage in clear and respectful communication to resolve the issue. In this case, there was a lack of communication between the parties about the dog and the necessary documentation, which eventually led to a legal proceeding. Open communication and a willingness to work together can help prevent such disputes from escalating.
Consider Legal Costs and Condominium Governance: In condominium disputes, the condominium corporation may seek reimbursement for legal costs. However, the awarding of legal costs can vary depending on the circumstances. It's essential for all parties involved to consider the potential financial impact of a costs order on individuals and to act reasonably and judiciously when incurring legal and compliance costs. Condominium governance documents, such as declarations and by-laws, can also play a significant role in determining the outcome of disputes, so all parties should be aware of their content.