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Metropolitan Toronto Condominium Corporation No. 584 v. Kakish - 2023 ONCAT 201 - 2023-12-27

Corporation:

MTCC 584

Date:

Wed Dec 27 2023 00:00:00 GMT+0000 (Coordinated Universal Time)

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Indemnification or Compensation
Pets and Animals

Summary:

The Metropolitan Toronto Condominium Corporation No 584 filed an application seeking to have a dog permanently removed from the premises. The respondent claimed that the dog was her emotional support dog and should be allowed to live with her as an accommodation for her mental health disability. The Condominium Authority Tribunal ultimately ruled in favor of the respondent, stating that she was entitled to keep the dog as an accommodation.

Verdict:

The Condominium Authority Tribunal ruled in favor of the respondent, acknowledging her need for accommodation for her mental health disability and allowing her to keep her emotional support dog, Rocky.

Takeaways:

The ruling highlights the importance of considering accommodation for individuals with disabilities, even in condominium settings.
Condominium corporations should be mindful of their enforcement actions and ensure they comply with governing documents and the Ontario Human Rights Code.
Medical evidence is crucial in establishing the need for accommodation and should clearly demonstrate the disability and the role of the animal in providing support.

Recommendations: 

Condominium boards and corporations should review their policies and rules to ensure they are compliant with human rights legislation and consider accommodations for individuals with disabilities.
Condominium corporations should establish clear procedures for addressing requests for accommodation and ensure that they are followed consistently.
It is advisable for condominium corporations to seek legal guidance and fully understand their obligations under the law regarding disability accommodation.

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