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Pets

Who decides whether a dog is too dangerous to stay at a condo?

In an interesting (and surprising) decision, the Condo Tribunal reversed a board’s decision to deem a dog a nuisance and to have it evicted after it attacked another dog on common elements. This case raises very important questions on who (between condo boards and the Condo Tribunal) should ultimately decide whether a dog is too […]

Can “pet-free” condos pass a rule allowing cats?

An interesting case came out of the Condo Authority Tribunal recently. It dealt with the situation of a condo corporation who had historically not enforced its pet prohibition against cats and who needed to find a way back into compliance. Survey Is your condo pet-free? What pet-related provisions are in place at your condo? Before […]

Court evicts condo tenants and their dangerous dogs

In a recent case, the Superior Court of Justice evicted condo tenants and their dangerous dogs. An interesting aspect of this case is that it was decided by the Superior Court of Justice and not: the Landlord and Tenant Board – despite involving tenants, or the  Condo Authority Tribunal – despite involving a dispute over […]

The CAT evicts its first condo cat (and imposes costs)

This blog post could have been titled “The first CAT eviction” but such a title may have lead to some confusion.  Still, in one of its first decision of 2022, the Condo Authority Tribunal (CAT) has evicted its first feline pet (so far, all other pet cases involved dogs). There were a couple of issues […]

Condo Tribunal evicts emotional support dog

Ontario’s Condo Authority Tribunal (CAT) issued another decision leading to the eviction of a pet who was allowed to urinate and defecate on a balcony (with waste dripping/falling on the patio below). Of interest, the dog in question was claimed to be an emotional support dog and the owner appeared to seek an accommodation based […]

Can the CAT evict your dog?

As many of our readers know, on October 1, 2020 the Condominium Authority Tribunal (also known as the CAT),  expanded its jurisdiction beyond records requests. The CAT now handles disputes relating to pets, parking, storage and lockers (and chargebacks related to these). This is a relatively new change, and, as such, many of us were […]

When Neighbourly Disputes Get Out of hands

I was recently asked by CBC to comment on a war-of-the-roses type of dispute between neighbours. This non-condo court case playing out of Kingston involved two former neighbours who were suing each other for damages. It all started when, after a confrontation between the two neighbours, one of them tried to […get ready for this one…] […]

Condominiums Can Be Liable For Dog Attacks on Common Elements

There is no shortage of reported legal cases where pets and condominium corporations are adversaries. Many cases deal with the nuisance of a barking dog or with dogs in breaches of the corporation’s rules.  But there is an increasing number of cases dealing with dog attacks on common property. In such cases, both the corporation […]

Dog Evicted from Condominium Because the Occupant Failed to Prove Her Disability

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 […]

Pet Eviction: A Tenant Does Not Have More Rights Than an Owner

The Residential and Tenancies Act, 2006 is the legislation presently applying to landlords and tenants.  It provides that “[a] provision in a tenancy agreement prohibiting the presence of animals in or about the residential complex is void.” Consequently, a landlord cannot prevent a tenant from having a pet. However, what does that mean for condominium corporations? Can […]