A condominium corporation applied under the Condominium Act, 1998 to enforce by-laws limiting residents to one pet under 20 kilograms and requiring pets to be leashed.
Evidence established that the unit owner kept two dogs exceeding the weight limit and allowed them to run off-leash, leading to complaints that the dogs frightened residents and could cause injury.
The respondent argued selective enforcement and pointed to other by-law infractions by residents.
The court held that selective enforcement did not bar relief where the board acted reasonably in response to complaints and had not acted vindictively or capriciously.
An order was granted requiring the removal of the dogs from the condominium property.
