The applicant condominium corporation sought to recover over $17,000 in clean-up, enforcement, and legal costs after the respondent tenants permitted their dog to repeatedly soil an exclusive-use balcony.
The unit owner (landlord) argued he should not be liable as he took prompt action to evict the tenants and the corporation had assured him it would not seek costs against him.
The Tribunal found the tenants responsible for the $3,044.60 in clean-up costs and $1,412.51 in enforcement costs, rejecting their argument that a prior settlement with the landlord barred the corporation's claim under the doctrine of res judicata.
The Tribunal also ordered the tenants to pay $200 in filing fees but denied the corporation's claim for legal costs, finding no exceptional reasons to award them.