CAT Case: Emotional Support Dog in Condo with Pet Prohibitions

The Condominium Authority Tribunal (CAT) addressed a case where an applicant unit owner claimed that the condominium corporation failed to enforce a pet prohibition in its Declaration and breached her right to occupancy free of discrimination by allowing another unit owner to have an emotional support dog. The applicant alleged that the presence of the emotional support dog caused severe allergies and mental distress. However, the CAT dismissed the application, stating that the condominium corporation acted in good faith and followed a reasonable decision-making process in accommodating the emotional support dog. The CAT emphasized the importance of engaging and cooperating in the search for reasonable accommodation. The applicant's claims of severe allergies were not supported by concrete evidence, and the onus to prove undue hardship lies with the party making the claim. The CAT found that the applicant had not proved that the emotional support dog caused undue hardship. Balancing competing accommodation requests in condominiums can be challenging, and legal assistance may be helpful in ensuring a fair process and considering all relevant principles, factors, and evidence in such situations.