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Peel Condominium Corporation No. 96 v. Psofimis - 2021 ONCAT 48 - 2021-05-20
Corporation:
PCC 96
Date:
2021-05-20
Summary:
The Peel Condominium Corporation No 96 has taken action against unit owner for violating the condominium's governing documents - Rule 21, a pet restriction rule that limits household pets to 40 pounds in weight. The respondent owns a German Shepherd dog that exceeds that weight limit. He had previously owned another German Shepherd that had also exceeded the limit, for which the condominium corporation had granted legacy status through a written agreement. Despite the agreement, the respondent obtained another German Shepherd after the previous one passed away. The tribunal has found the respondent in breach of the pet restriction rule and has ordered him under section 144(1)(2) of the Condominium Act 1998 to remove his dog from the premises within 30 days of the date of this order. Additionally, he will be required to pay the corporation $536 as a result of non-compliance and $3926.75 for legal fees.
Under:
CAT Decisions - Decision
Indemnification or Compensation
Pets and Animals
Verdict:
In the case of Peel Condominium Corporation No 96 v Psofimis, the Condominium Authority Tribunal found that the respondent was in breach of the corporation's governing documents for possessing a German Shepherd dog that exceeded the pet weight limit of 40 pounds. The respondent was ordered to remove the dog from the premises within 30 days and pay damages for non-compliance, as well as legal fees. The case highlights the importance of complying with condominium rules and regulations regarding pet ownership.
Takeaways:
The case involves Peel Condominium Corporation No 96 (PCC 96) and the respondent. PCC 96 alleges that the respondent has violated their pet restriction rule by owning a German Shepherd dog that exceeds the weight limit of 40 pounds.
PCC 96 claims that this is not the first time the respondent has owned a dog that contravenes the rules. He had a previous German Shepherd which was given legacy status by PCC 96, but they argue that the respondent obtained a new German Shepherd after the previous one passed away, which is in violation of the pet restriction provisions.
PCC 96 has requested the Condominium Authority Tribunal to find the respondent in breach of the pet restriction rule and to order him to remove his dog from the premises. They also seek damages and costs related to enforcing the rules.
Despite participating in the mediation phase of the process, the respondent did not participate in the Tribunal Decision hearing, offering no arguments or evidence.
The Tribunal has determined that the respondent is in breach of the pet restriction rule and has ordered him to remove his dog from the premises within 30 days. Additionally, he is required to pay damages to PCC 96 and the costs associated with the Tribunal fees and legal fees.
Recommendations:
Compliance with governing documents: It is important for condominium owners to carefully review and comply with the governing documents, including rules and restrictions related to pets. This case highlights the consequences of failing to adhere to the pet restriction rule, which resulted in a breach and legal action against the owner. Owners should familiarize themselves with these rules and ensure their actions are in compliance to avoid potential disputes and penalties.
Participate in the tribunal process: In this case, the respondent did not participate in the Tribunal Decision hearing and did not provide any arguments or evidence. It is crucial for individuals involved in any legal proceedings to actively participate and present their side of the case. Failing to do so can result in decisions being made in the absence of their input. It is recommended to fully engage in the process and provide relevant information to support their position.
Take into account previous agreements: The case highlights that the respondent had made a previous agreement with PCC 96 regarding pet ownership. It stated that he would not obtain a new pet in violation of the rules after his previous dog passed away. It is important for individuals to honor and abide by any agreements or arrangements they have made within the condominium community. Reviewing and adhering to agreements can help maintain positive relationships and prevent future conflicts.