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York Condominium Corporation No. 385 v. Vianellis - 2023 ONCAT 72 - 2023-05-29

Corporation:

YCC 385

Date:

2023-05-29

Under:

CAT Decisions - Decision
Indemnification or Compensation
Pets and Animals

Summary:

It involves a dispute between York Condominium Corporation No. 385 (YCC 385), the applicant, and the respondent. YCC 385 brought the application to seek an order for the permanent removal of the respondent's dog from its premises due to the dog's bladder control issues resulting in accidents on the common elements. The hearing took place as a written online hearing from October 25, 2022, to May 9, 2023. The decision, dated May 29, 2023, was made by Member Mary Ann Spencer of the Condominium Authority Tribunal. The decision addresses the issue of reducing the amount of a lien placed on the respondent's unit and the terms under which her dog may remain on the premises.

Verdict:

the quick verdict for the case on the website is as follows: The tribunal ordered the amount of the lien on the Respondent’s unit to be reduced to $1,898.35, and YCC 385 was instructed not to take any enforcement action on the lien for 12 months. If full payment is received, the lien will be discharged, but if not, interest will start to accrue. The tribunal did not award any costs in this matter.

The lesson from this case is that parties should consider mediation or adjudication when unable to reach a full agreement, as it can help in resolving disputes. It is important to provide evidence and written submissions to support arguments in the proceeding. Additionally, accommodation requests for disabilities should be handled in accordance with the Human Rights Code.

Takeaways:

Based on the information provided from the scraped website, here are 3-5 takeaways from the case:

The case involves an application by York Condominium Corporation No. 385 (YCC 385) seeking the permanent removal of the respondent's dog from its premises due to the dog's bladder control issues causing accidents on the common elements.
The parties engaged in a written online hearing from October 25, 2022, to May 9, 2023, to resolve the issue. During the proceeding, the respondent stated that her dog served as a support dog for her late husband and also provided support for her medical condition.
The parties agreed to enter into mediation to reach an agreement on the conditions under which the dog could remain on YCC 385's premises. However, they were unable to reach an agreement on a lien related to unpaid carpet cleaning bills.
The tribunal adjudicated the issue of the lien and ordered that the amount of the lien be reduced to $1,898.35. YCC 385 was instructed not to take any enforcement action on the lien for 12 months, allowing the respondent to make equal installment payments. The lien would begin to accrue interest after the 12-month period.
No costs were awarded in this matter.

Recommendations: 

Clearly communicate the pet rules: Condominium corporations should communicate pet rules to all owners and ensure that they are enforced consistently. This will help prevent disputes arising from issues such as noise, damage or unwanted behavior. The rules should clearly state what is expected of pet owners and provide procedures for reporting any breaches.

Consider accommodation for individuals with disabilities: Condominium corporations should provide accommodation for individuals with disabilities under the Ontario Human Rights Code. In this case, the owner of the dog indicated that Mitsey was a service animal and assisted her with taking medication related to her medical condition. While the corporation's pet rules permitted pets on its premises, they should have considered a request for accommodation as required under the Ontario Human Rights Code.

Use alternative dispute resolution methods: Whenever there is a dispute in a condominium corporation, it is often best to use alternative dispute resolution methods such as mediation or arbitration. This can save time and money, and encourage parties to work together toward finding common ground. In this case, the Tribunal members eventually ordered that the parties engage in mediation, which helped them reach a mutually acceptable agreement

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