A B.C. woman has secured a partial victory in a dispute with her strata, successfully challenging nearly $12,000 in bylaw fines imposed after she failed to remove her emotional support dog. The Civil Resolution Tribunal found the strata was justified in ordering the dog removed after it attacked and injured two other dogs but failed to follow the required legal process before issuing the fines. The tribunal heard the strata issued the woman a letter on Oct. 3, 2024, ordering her to remove her dog, Greta, within 10 days and warning that she’d be fined $200 for every week she failed to comply. The order came after the strata received a complaint that Greta had attacked and injured another dog, according to the decision. The tribunal found the strata was entitled to order the dog’s removal, but it could not begin fining the owner without first notifying her of the alleged non-compliance and giving her an opportunity to respond. As a result, the strata was ordered to return the fines, which amounted to to $11,800. However, the tribunal refused to order the strata to allow Greta to stay in the property, despite the evidence of a doctor’s note saying the emotional support dog needs to always be with the woman due to a proven disability. In its decision, the tribunal noted that the strata had previously ordered for the woman to muzzle Greta, which she did not follow. She also did not follow the leashing bylaw, according to the decision. “The strata has a duty to protect all owners and their property, including other pets. I find the evidence shows Greta is dangerous,” the tribunal concluded.
