Service Dogs and the need for Medical Evidence
In the case of Wentworth Condominium Corporation No. 156 v. Halloum, the condominium corporation applied for the removal of the owner’s two large dogs. The corporation’s rules permitted only one small dog. The evidence also showed that the dogs were a nuisance.
The owner had claimed that the dogs were service animals (emotional support animals), but failed to provide adequate evidence of such, despite the condominium corporation’s reasonable requests. The owner did not participate in the proceeding.
The Condominium Authority Tribunal (CAT) ordered that the dogs be removed from the unit and that costs be paid to the corporation. The Tribunal said:
The Respondent has advised WCC 156 that two members of the household have disabilities and that both dogs are emotional support animals. However, no medical confirmation was provided despite several requests from the Applicant and its counsel.
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When, as in this case, the condominium’s governing documents have provisions about animals, a unit owner cannot simply ignore those provisions. A person with a disability is entitled to ask for an accommodation to exempt them from the rules. If the accommodation they want is an exemption from the rules regarding animals, they must ask for the accommodation. They cannot simply decide that they are entitled to an accommodation. When considering such a request for accommodation, the condominium is entitled to ask for some, usually limited, additional information, including medical information, to help in its consideration of the accommodation request. Having reviewed the letters sent to the Respondent in this case, I find that the requests for information were appropriate and the requests were made in a respectful way.
This is another helpful decision confirming the principle that someone seeking a Human Rights accommodation (in this case, for alleged service animals) must provide reasonable evidence to support the claim.
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