CONDOMINIUM AUTHORITY TRIBUNAL
DATE: December 12, 2024
CASE: 2024-00695N
Order under section 1.47 of the Condominium Act, 1998.
Member: Anna Boudria, Member
The Applicant, Ming Shi
Self-Represented
The Respondent, Toronto Standard Condominium Corporation No. 2112
Represented by Rohina Hashimi, Counsel
CONSENT ORDER
1In the Condominium Authority Tribunal’s (CAT) online dispute resolution system, the Parties agreed to settle this case in Stage 2 – Mediation.
2Under Rule 34.3 of the CAT’s Rules of Practice, the CAT can close a case in Stage 2 – Mediation if the Parties agree to the CAT making a Consent Order that resolves the dispute.
3With the consent of the Parties, the CAT orders that this case has been resolved, based upon the terms and conditions set out in this Consent Order.
ORDER
4Toronto Standard Condominium Corporation No. 2112 (“TSCC 2112”) agrees to permit the Applicant’s dog, Bagel, to return to the Applicant’s unit subject to the following terms and conditions:
a. Bagel shall be either crated, carried by hand or held on a short leash (no longer than four (4) feet) at all times while on the common element areas;
b. Bagel shall wear a muzzle at all times while on the common element areas;
c. The Applicant shall immediately enroll Bagel in a training program to ensure Bagel’s obedience and good behaviour. The Applicant shall deliver a letter or other documentation from a certified dog trainer confirming that Bagel is adequately trained for obedience and good behaviour in the context of condominium living by no later than May 1, 2025;
d. Bagel shall be crated at all times while any of TSCC 2112’s agents, directors, property managers, employees, and contractors are in the Applicant’s unit; and
e. The Applicant shall ensure that current vaccination certificates are provided to TSCC 2112 on an ongoing basis;
5The Applicant agrees to permanently remove Bagel from the Applicant’s unit and the condominium premises in accordance with TSCC 2112’s declaration, by-laws, and/or rules, and as may be required by TSCC 2112’s Board of Directors in its sole and absolute discretion, should any of the following events occur:
a. The Applicant or any person walking or carrying Bagel loses control of Bagel;
b. Bagel lunges or makes aggressive contact at any person or animal, even while wearing a muzzle;
c. Bagel attacks and/or bites an animal or a person; and/or
d. There is a violation of any provision governing pets and nuisance under the Condominium Act, 1998, or TSCC 2112’s declaration, by-laws, and/or rules.
If the Applicant fails to remove Bagel upon one of the above-noted events occurring, or as required by TSCC 2112’s Board of Directors, the Applicant consents to a court order removing Bagel from the Applicant’s unit and the condominium premises, the legal costs of which will be paid by the Applicant;
6The Applicant acknowledges and agrees that TSCC 2112 reserves its right to commence a legal proceeding, including a proceeding at the Superior Court of Justice, to enforce the Applicant’s compliance, or the compliance of any occupant in the Applicant’s unit, with the Condominium Act, 1998, and/or TSCC 2112’s declaration, by-laws, and/or rules at the Board of Director’s sole and absolute discretion;
7These terms of settlement are not to be construed as an admission of fault, guilt or liability on the part of TSCC 2112; and
8Upon the acceptance of the terms by all parties, this CAT Application (bearing Case Number 2024-00695N) shall be considered settled and shall be dismissed forthwith, on a without-cost basis.
COMPLIANCE
9If any of the Parties fails to comply with any of the terms of this order, it may be enforced through the Ontario Superior Court of Justice.
Anna Boudria
Member, Condominium Authority Tribunal
Released on: December 12, 2024