Posts Tagged ‘Service animals’

Emotional Support Dog Evicted After Condo Tribunal Hearing

October 27th, 2021 by Maggie Fleming

Emotional support animals can provide vital supports to those living with disabilities. We have explored this subject in previous blog posts, which can be found here: “Service animals for mental health” & “Could Air Canada’s ban on emotional support animals be challenged?”

We were interested to read a recent case, Halton Standard Condominium Corporation No.490 v Paikin 2021, in which the Ontario Condo Authority Tribunal (CAT) issued a decision to evict an emotional support dog from a condo in Oakville.

The owner had consistently allowed the dog to urinate and defecate on the second-floor balcony, which dripped down onto the patio below. There was extensive evidence, including photos, of this behaviour. The condo had not tried to resolve the issue directly with the owner, and instead sent the matter to the condo’s lawyer to deal with. After the lawyer sent an initial warning letter to the owner, the condo board declared the dog a nuisance and the lawyer sent a subsequent letter giving the owner two weeks to remove the dog. The CAT decision‑maker decided that the behaviour was sufficiently severe enough to require removal of the dog, only after the condo board “considered communicating” with the owner to come to a resolution. Continue reading “Emotional Support Dog Evicted After Condo Tribunal Hearing”

Service animals for mental health: An emerging issue in disability law

January 28th, 2016 by Katie Douglas

What to do with Peaches? In 2014, a woman moved in with her common‑law partner in Barrie, Ontario and, while aware that the condominium’s bylaws restricted owners from having dogs over 25 pounds, proceeded to move in with her 40‑pound retriever cross, Peaches. The property manager demanded that she remove the dog and the owner responded with a request for accommodation under the Ontario Human Rights Code, claiming that Peaches was a service dog who supported her with “stress and past abuse issues.” Ultimately, the court evicted Peaches, ruling that the owner had not provided sufficient information about her disability to establish that Peaches was a necessary accommodation.

This case highlights an emerging issue in disability law. Continue reading “Service animals for mental health: An emerging issue in disability law”