27/12/2023– Jurisdiction Ontario
Part 85 published on 01/03/2024
Resident permitted to keep dog as emotional support animal
One of the residents had a dog. She provided three letters from her doctor, setting out her need for the dog. She also provided a further letter from her treating psychiatrist. The letters stated that the resident suffered from anxiety and depression and needed the dog as a support animal to help decrease her anxiety and depression, and to help her sleep.
The condominium corporation argued that the letters (from the doctor and the psychiatrist) did not prove any sort of “disability” that the condominium corporation was obligated to accommodate under the Human Rights Code.
The Tribunal agreed with the resident. The Tribunal said:
In the medical letters provided, the treating doctor and psychiatrist set out the Respondent’s mental health conditions and diagnosis. They also described how the mental health conditions/diagnosis impair the Respondent’s functioning, and how Rocky (the dog) is a vital (sic) in managing her mental health. In my view, it cannot be said, as submitted by the Applicant, that the Respondent has failed to establish that she has a disability within the meaning of the Code.
The Tribunal allowed the resident to keep the dog as an “ESA” (emotional support animal).Metropolitan Toronto Condominium Corporation No. 584 v. Kakish, 2023 ONCAT 201