Kristi M. Sargeant-Kerr

In a condominium dispute, the respondent requested to provide late evidence and submitted highly sensitive personal information in support of the request.

The Condominium Authority Tribunal considered the open court principle and the exception established by the Supreme Court of Canada in Sherman Estate v. Donovan.

Finding that the dissemination of the information could constitute an affront to the respondent's dignity, the Tribunal ordered that the exhibits containing the personal information be deemed confidential and excluded from the public record.

The applicant condominium corporation sought an order to enforce its pet rules against the respondent unit owner, alleging her two large dogs barked excessively, were off-leash on common elements, and their excrement was not cleaned up.

The Tribunal found the respondent in breach of the condominium's declaration and rules based on credible evidence from neighbours.

The Tribunal ordered the permanent removal of the dogs from the unit within 30 days and awarded the condominium corporation $8,273.56 in costs, including pre-litigation enforcement costs and a portion of the Tribunal proceeding costs.