05/30/2024 – Jurisdiction Ontario
Part 86 published on 01/06/2024
Dogs were not in compliance with condominium corporation’s pet rules. Respondents given 60 days to provide additional documentation (which might permit the dogs to remain).
The Tribunal held that two dogs owned by the Respondents were not (yet) in compliance with the condominium corporation’s rules respecting pets. One dog exceeded the weight limit contained in the rules, and the dog owner had not provided sufficient evidence of a disability entitling her to an exception from the rule. The Tribunal said:
I agree with YCC 202 that the ADA registration is insufficient, at least in Ontario, to
justify or support a pet’s exemption from its Pets Rules.
I also agree with YCC 202’s position that in keeping with Ontario’s human rights
legislation and policies, the type of information that a person seeking an accommodation is generally expected to provide includes:
1. that the person has a disability;
2. the limitations or needs associated with the disability;
3. whether the person can perform the essential duties of their role or in their
capacity as a condominium resident, with or without accommodation; and
4. the type of accommodation that may be needed.
(See also the recent decision of this Tribunal in Carleton Condominium
Corporation No. 165 v. Steele, 2024 ONCAT 60, where similar factors are
enumerated at paragraph 23).
For the other dog, the dog owner had not provided adequate proof of the dog’s weight.
The Tribunal’s orders included the following:
1. Under subparagraph 1.44(1) 2 of the Act and within 60 days of the date of
this Order,
a. the Respondents must provide documentation to YCC 202 which will
justify an exemption for Buster from the application of Rule O.03 on the
basis of a disability-related accommodation;
b. the Respondents must provide to YCC 202 a certificate signed by a
veterinarian certifying Bentley’s exact weight, in compliance with Rule
O.03; and
c. the Respondents must ensure that Bentley’s information is updated on
their Resident Information Form, subject to meeting the weight limit
requirement provided for in Rule O.03.
2. In such case that the Respondents do not comply with the above orders,
YCC 202 can require the removal of one or both dogs in accordance with
Rule O.15.
York Condominium Corporation No. 202 v. Szabo et al., 2024 ONCAT 76