Rescind dog-removal order, B.C. tribunal tells strata

Strata ordered to rescind

Photo: Megan Jujardin/Unsplash.

The Civil Resolution Tribunal has ruled there was no bylaw breach in a case involving a Belgian Malinois.

B.C.’s Civil Resolution Tribunal has ordered a Langley strata to rescind an order that two people remove their dog from its premises.

According to tribunal member Maria Montgomery's April 24 decision, a dog belonging to Linda Roberts and Lynne Lachance bit another dog on the strata property.

The strata sought a tribunal order that the pair comply with its dog bylaw by removing their dog from the strata.

The two denied their dog bit another dog and sought an order that the strata rescind the removal order, remove all records of the biting incident, cease fining them and remove all fines from their account.

The strata alleged EB left her strata lot to take the elevator to another resident’s unit for dinner on Sept. 9, 2023. She brought with her a lemon meringue pie and her dog.

“While she was walking down the hallway to the elevator, (Roberts and Lachance) opened their door and began exiting their strata lot,” Montgomery said. “Their Belgian Malinois attacked EB’s dog, causing EB to drop the pie.”

EB called the strata president that evening to report the incident. She was asked to send a complaint in writing, which she did.

Montgomery said EB later discovered that her dog had a bite wound on its neck that had been concealed by dog fur. Veterinary treatment costs $402.

Roberts and Lachance denied that their dog bit EB’s dog.

“They say that during the incident, their dog barked but was wearing a muzzle and did not pass the threshold of their strata lot,” Montgomery said.

The strata said it had received other complaints about the dog and asked for it to be removed. After further investigation and meetings, the strata reiterated that request.

Roberts and Lachance maintained there were inconsistencies in evidence and that the strata was being procedurally unfair.

Montgomery found the incident insufficient to qualify Roberts’ and Lachance’s dog as a vicious dog under the bylaw. She further found there had been no bylaw breach.

She further found the strata breached the Strata Property Act by failing to provide a hearing when Roberts and Lachance requested one.

“This means that if I had not already found the strata must remove the fines, I would find the fine invalidly imposed due to the failure to grant a hearing upon request,” Montgomery wrote.