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York Condominium Corporation No. 288 v. Tamhane - 2023 ONCAT 16 - 2023-02-01
Corporation:
YCC 288
Date:
2023-02-01
Summary:
In the case of York Condominium Corporation No. 288 v. Tamhane, the condominium corporation sought to remove a tenant's emotional support animal (ESA), a large American Bully, from the building due to alleged safety risks and incidents of lunging. The tenant argued that the accommodation was necessary and that the imposed conditions were unfair. After analyzing the evidence, the Tribunal concluded that the condominium corporation did not experience undue hardship by continuing to provide accommodation for Sumo. The Tribunal dismissed the application and allowed the tenant to keep Sumo in the condominium building.
Under:
CAT Decisions - Decision
Compliance with Governing Documents
Pets and Animals
Reasonableness and/or Consistency of Governing Documents
Verdict:
The quick verdict in the case of York Condominium Corporation No. 288 v. Tamhane is that the Tribunal dismissed the application to remove the tenant's emotional support animal (ESA) from the condominium building and allowed the tenant to keep the ESA. The lesson from this case is that condominium corporations must provide accommodation for tenants with ESAs unless they can demonstrate undue hardship, and it is important for condominium corporations to have a formal process for handling accommodation requests related to ESAs.
Takeaways:
Takeaways:
Condominium corporations must accommodate tenants with emotional support animals unless undue hardship is proven.
Incidents of aggression or safety risks caused by the animal may be considered in the accommodation decision.
Communication and collaboration between the tenant and condominium corporation are important in establishing reasonable conditions for the accommodation.
The Tribunal prioritizes the well-being of both the tenant and other residents in reaching a decision.
Condominium corporations should update their processes to include a formal procedure for handling requests related to emotional support animals.
Recommendations:
Recommendations:
Condominium corporations should establish a clear and formal process for handling accommodation requests related to emotional support animals, ensuring timely and fair consideration of such requests.
It is important for condominium corporations to consider the specific circumstances of each case and assess whether there is evidence of undue hardship before making decisions regarding the removal of emotional support animals.
Communication and collaboration between the tenant, condominium corporation, and other residents are crucial in determining reasonable conditions and ensuring the well-being and safety of everyone involved.