07/07/2021 – Jurisdiction Ontario
Part 75 published on 01/09/2021
CAT has jurisdiction to decide whether a dog must be permitted as a service animal
The condominium corporation had passed a Rule to prohibit dogs. The corporation had also prepared an “ESA policy” dealing with residents’ rights to have Emotional Support Animals (as exceptions to the Rule). The policy included restrictions on the size (weight) of permitted Emotional Support Animals. The owner applied for an order permitting her son to keep a larger dog (on the grounds that this was a required reasonable accommodation under Human Rights law). The condominium corporation then applied to dismiss the application on the grounds that the Tribunal does not have authority to decide a matter relating entirely to Human Rights law. The corporation argued that the owner’s application could be decided without reference to the corporation’s Declaration, By-laws, Rules or policies, and accordingly fell outside the CAT’s jurisdiction.
The CAT dismissed the corporation’s motion and allowed the owner’s application to proceed. The CAT said:
The request for an accommodation is being made in the context of the Pet Rule and the ESA Policy. I conclude that given the issues surrounding both the Pet Rule and the ESA Policy, this matter is properly within the jurisdiction of the CAT.
Martis v Peel Condominium Corporation No. 2021