Many condominium corporations have rules imposing weight restrictions on pets allowed in the condominium. These restrictions often oppose occupants who wish to keep their pets and corporations who have a duty to enforce their governing documents. This is exactly what happened in the recent court case Simcoe Condominium Corporation No. 89 v. Dominelli. Of particular interest in this case is the fact that the dog’s owner attempted to present her dog as a service dog. At the risk of giving away the ending, the matter does not end well for Peaches, a Miniature Golden Retriever/Australian Shepherd mix.
It all started in July 2014 when Ms. Labranche moved into her fiancé’s condominium unit. Both Ms. Labranche and her fiancé, Mr. Dominelli (collectively referred to as the “Occupants”), knew that the Corporation’s Rules provided for a 25-pound weight restriction on dogs and cats. Despite this, Ms. Labranche brought along her dog named Peaches. A month after Ms. Labranche’s arrival at the Corporation, the property manager sent a letter advising that Peaches had to be removed from the unit within two weeks because it exceeded the weight limit and, therefore, was in violation of the Corporation’s Rules.
