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Condo Pet Eviction – Court Rejects Human Rights Claim and Clarifies What Evidence of Disability Should be Provided

Condo Pet Eviction – Court Rejects Human Rights Claim and Clarifies What Evidence of Disability Should be Provided

Many condominium corporations have restrictions or a prohibition on pets.  Boards and managers feel an obligation to enforce the provisions in their legal documents but are uncertain about the steps they can take when disabilities and human rights are raised. A recent court case clarifies the options corporations have when a resident claims that a disability requires that they have a pet. 

In SCC No. 89 v Dominelli, the Court determined that the pet owner had failed to provide evidence that established that she had a disability. “To establish a ‘mental disability’, a diagnosis of some recognised mental disability, or at least a ‘working diagnosis or articulation of clinically-significant symptoms’ that has ‘specificity and substance’ is required”.  The Court also confirmed that the condominium corporation was entitled to seek additional information about the pet-owner’s disability.

The Court ruled against the pet owner and awarded the corporation damages in the amount of $47,000, including disbursements and HST to be paid within 20 days of the order, plus interest. In addition to not being able to keep their dog, they had to pay for both their own and the condominium corporation’s legal expenses.

Read more about SCC No.89 v Dominelli at two condo law websites.  The law firm of Miller Thomson has an article entitled Dogs and Disabilities.  Lash Condo Law’s blog contains two excellent articles – Condo Pet Eviction After Court Rejects Human Rights Claim and Condo Pet Eviction – Cost Ramifications.