04/23/2024 – Jurisdiction Ontario
Part 86 published on 01/06/2024
Condominium corporation’s Rule respecting pets was reasonable. However, the owner was entitled to an accommodation. Dog not required to wear service animal vest.
The condominium corporation had passed a Rule requiring that pets be carried by hand or in a container while on the common elements.
The Tribunal held that the Rule was reasonable, but that the owner was entitled to an accommodation due to a disability (which prevented the owner from being able to carry her dog). Instead, the owner would be entitled to keep her dog on a short leash (while outside the unit).
The condominium corporation had in fact offered this accommodation, but had also asked that the dog wear a vest (identifying the dog as a service animal). The Tribunal held that this requirement was not reasonable. On this issue, the Tribunal said:
While a service vest may help reduce complaints to the board regarding non-compliance with Rule 4.3 and may help ensure that Ms. Steele is not approached by other residents about what may appear to them to be an act of non-compliance, CCC 165 has not demonstrated that the possibility that it will receive more complaints will result in undue hardship. Condominiums are required to provide accommodations to
residents, and this is something that can be communicated to any complainants
easily and swiftly (while maintaining confidential the identity of the accommodation
seeker).
Carleton Condominium Corporation No. 165 v. Steele, 2024 ONCAT 60