Michael Daniel Pascu

The applicant, owner of a commercial condominium unit operating as a restaurant, challenged the respondent condominium corporation's chargebacks for legal fees related to alleged odour nuisances.

The Tribunal found that while the applicant did allow the creation of an odour nuisance contrary to the Condominium Act, the respondent did not act reasonably or in good faith in its enforcement efforts.

The respondent withheld an HVAC inspection report that proposed solutions and instead aggressively pursued legal action and threatened liens.

The Tribunal ordered the respondent to refund the $4,191.34 in chargebacks to the applicant and declined to award costs to either party.

The applicant condominium corporation applied to the Tribunal for an order requiring the respondent to permanently remove her dog from her unit, citing a breach of the condominium's rules.

The respondent argued the dog was an emotional support animal required for her mental health disability and requested an accommodation under the Human Rights Code.

The Tribunal found that the medical evidence provided by the respondent sufficiently established a mental disability under the Code.

The Tribunal dismissed the application, allowing the respondent to keep her dog as an accommodation, and declined to award costs to the applicant.

The applicant condominium corporation brought an application to enforce a no-pet provision against the respondent.

The respondent's counsel requested an adjournment of the hearing due to medical issues and upcoming treatments.

The applicant did not provide submissions opposing the request.

The Tribunal granted the adjournment, finding that the medical concerns constituted a sufficient basis to delay the hearing, and rescheduled the matter to November 29, 2023.

The applicant condominium corporation and the respondent unit owner reached a settlement during Stage 2 mediation at the Condominium Authority Tribunal.

The parties agreed to a consent order requiring the respondent's tenant to vacate the unit by September 30, 2023, and to comply with the condominium's declaration and rules in the interim.

The Tribunal issued the consent order, with each party bearing their own costs.