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Waterloo North Condominium Corporation No. 70 v. Sinyard - 2022 ONCAT 144 - 2022-11-16
Corporation:
WNCC 70
Date:
2022-11-16
Summary:
In the case of Waterloo North Condominium Corporation No. 70 v. Sinyard, the condominium corporation sought an order to remove the respondent's dog from the premises. The respondent, who claimed the dog as a support animal, did not participate in the case. The tribunal assessed the evidence provided by the applicant, including the condominium rules regarding pet restrictions. It was concluded that the respondent's dog exceeded the weight limit and was not carried or crated in the common areas, which violated the condominium rules. The tribunal also examined the issue of accommodation under the Ontario Human Rights Code, determining that the respondent failed to provide sufficient evidence of a disability or disability-related needs that required the accommodation. The tribunal did not find undue hardship on the part of the applicant to allow the respondent to keep the dog.
Under:
CAT Decisions - Decision
Compliance with Governing Documents
Fees, Costs, Penalties
Indemnification or Compensation
Pets and Animals
Verdict:
the quick verdict in this case is that the condominium corporation is granted an order to require the respondent to remove her dog from the premises due to violation of the condominium rules regarding pet restrictions. The lesson from this case is that individuals seeking accommodation for support animals must provide sufficient evidence of a disability and disability-related needs to justify the accommodation under the Ontario Human Rights Code.
Takeaways:
Takeaways:
Condominium rules regarding pet restrictions, including weight limits, can be enforced by the tribunal.
Failure to participate in a case can result in decisions being made based on the evidence provided by the applicant.
The burden is on the individual seeking accommodation to provide sufficient evidence of a disability and disability-related needs.
Providing evidence, beyond simply asserting a disability, is crucial in demonstrating the need for accommodation.
The tribunal will consider whether granting an accommodation would result in undue hardship for the applicant.
Recommendations:
Recommendations:
Condominium corporations should clearly communicate and enforce their pet restrictions, including weight limits, to ensure compliance with the rules.
Individuals seeking accommodation for support animals should be prepared to provide thorough evidence of their disability and disability-related needs in order to justify the accommodation under the Ontario Human Rights Code.
If a respondent fails to participate in a case, decisions may be made based on the evidence provided by the applicant, highlighting the importance of active participation in legal proceedings.