Overlapping Human Rights Issues at the CAT and HRTO

In the case of YCC 435 v. Karnis et al, the CAT and HRTO were faced with overlapping issues related to a resident requiring a service animal that exceeded the weight limit and was a prohibited breed under the condominium corporation's rules. The CAT confirmed its jurisdiction to resolve issues under the Human Rights Code and decided that a "balancing of all factors" weighed in favour of allowing the CAT process to continue, despite the pending HRTO application. The CAT can deal with Human Rights issues related to provisions that prohibit or restrict pets in a condominium's governing documents, and a deferral or stay of the HRTO proceeding might be more appropriate in certain circumstances.