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Peel Condominium Corporation No. 166 v. Sithamparanathan - 2022 ONCAT 130 - 2022-11-23

Corporation:

PCC 166

Date:

2022-11-23

Under:

CAT Decisions - Decision
Compliance with Governing Documents
Indemnification or Compensation
Pets and Animals
Reasonableness and/or Consistency of Governing Documents

Summary:

The case of Peel Condominium Corporation No 166 v Sithamparanathan addressed an application by the condominium corporation to have a dog named Simba removed from the respondent's unit. The hearing, conducted through written submissions and a video conference, examined the no pets rule stated in the condominium declaration and the potential accommodation under the Ontario Human Rights Code. The respondent argued for the dog to stay as an accommodation or due to the presence of other dogs in the building. However, the tribunal found that the respondent did not provide sufficient evidence to support an accommodation claim or refute the condominium manager's evidence of only five dogs in the building. Consequently, the tribunal ruled in favor of the condominium corporation, ordering the removal of Simba.

Verdict:

Quick Verdict/Lesson:
The tribunal ruled in favor of the condominium corporation, ordering the removal of the dog named Simba. The case highlights the importance of adhering to the rules and regulations stated in the condominium declaration and the need for proper evidence to support claims for accommodation under the Ontario Human Rights Code.

Takeaways:

Takeaways

The case highlights the importance of understanding and adhering to the rules and regulations outlined in the condominium declaration.
Accommodation requests under the Ontario Human Rights Code require supporting evidence, such as medical documentation, to establish a disability-related need.
The presence of other pets in the building does not automatically grant permission to violate the no pets rule, and each case is considered independently.
Condominium corporations have the right to enforce their rules and regulations to maintain the integrity and compliance of the community.
Written submissions and video conferences can be used as alternative methods for conducting hearings and resolving disputes in the condominium context.

Recommendations: 

Recommendations:

Condominium owners should familiarize themselves with the rules and regulations outlined in the condominium declaration to ensure compliance.
Anyone seeking an accommodation under the Ontario Human Rights Code should provide sufficient evidence to support their claim, such as medical documentation or other relevant proof.
It is advisable to communicate directly with the condominium board or management when requesting an accommodation, following the necessary procedures outlined in the condominium rules.

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