Pet Rules and the Duty to Accommodate

In the case of YCC 202 v. Szabo et al., the CAT dealt with two dogs that the condominium corporation claimed were too big (and therefore exceeded the condominium corporation’s rule limiting the permitted weight of pets to 25 pounds).

The CAT ordered the pet owner to provide more information about the two dogs.

For one dog, the CAT ordered the pet owner (within 60 days) to provide a certificate signed by a veterinarian certifying the dog’s exact weight, in compliance with the Rule.

For the other dog, the CAT ordered the pet owner (within 60 days) to provide documentation that would justify an exemption from the weight limit based upon a disability-related accommodation.  On this issue, the CAT said:

I agree with YCC 202 that the ADA (Assistance Dogs of America) registration is insufficient, at least in Ontario, to justify or support a pet’s exemption from its Pets Rules.

I also agree with YCC 202’s position that in keeping with Ontario’s human rights legislation and policies, the type of information that a person seeking an accommodation is generally expected to provide includes:

1. that the person has a disability;

2. the limitations or needs associated with the disability;

3. whether the person can perform the essential duties of their role or in their capacity as a condominium resident, with or without accommodation; and

4. the type of accommodation that may be needed.

The decision also appears to confirm the condominium corporation’s assertion that, when reasonably appropriate, this information should come from a qualified health care provider.

Lastly, the CAT ordered the Respondents (owner and occupants) to pay the Corporation a large portion of the legal costs incurred in seeking compliance and in bringing the Application to the CAT. 

In our view, this decision is important in that it confirms the following:

1. Absent an exception for Human Rights reasons, a weight limit in the pet rules of a condominium corporation is generally enforceable.
2. In order to prove entitlement to an exception, a pet owner who is requesting a disability-related accommodation has a duty to provide reasonable information to support the request.

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