CAT vs Dog—What Conditions Can a Condo Impose on an Emotional Support Animal?

The case of Martis v. Peel Condominium Corporation No. 253 heard by the Condominium Authority Tribunal (CAT) in 2021 addressed the issue of a condo corporation trying to restrict the weight of an emotional support dog on the property. The key takeaways from the case are that policies and rules are different, and a corporation cannot bypass statutory requirements for enacting a rule by enacting a policy that contains a restriction in essence a rule. The CAT has the jurisdiction to consider requests for accommodation under the Human Rights Code, and weight restrictions on emotional support animals may be imposed within reason, considering the circumstances of each case. In this specific case, the CAT found that the condo corporation could not use its existing No Pets Rule or Service Animal Policy to impose a weight restriction on the emotional support dog, but it was entitled to impose reasonable conditions on the ESA as an accommodation under the Human Rights Code. The weight limit of 25 pounds for ESAs was found reasonable based on past practices and balancing the needs of all residents, including those with Code-related needs.