23/11/2021 – Jurisdiction Ontario
Part 76 published on 01/12/2021
CAT upholds weight limit for service animals (emotional support animals)
PCC 253 had passed a “No Pets” Rule. As confirmed by a doctor’s note, one of the residents in the condominium needed an ESA (an emotional support animal). PCC 253 was prepared to permit an ESA, so long as the animal did not exceed 25 pounds. The CAT decided that this was a reasonable condition for the condominium corporation to impose, particularly in light of evidence that other residents in the condominium had a fear of dogs (and a resulting need to avoid large dogs). The CAT said:
I accept the testimony of the PCC253 witnesses that there are those in the PCC253 who have a Code-related need to avoid dogs. I find that Mr. Martis has not demonstrated that he needs a dog which weighs more than 25 pounds. I understand that he has a strong preference for the dog he has chosen but as the OHRC Ableism Policy makes clear, PCC253 is obliged to accommodate his need; they are not obliged to accommodate his preference. In the circumstances of this case, I find that PCC253 has offered a reasonable accommodation in setting a weight limit of 25 pounds on an ESA for Mr. Martis.