A few years ago there was a lot of talk of a Superior Court case involving a woman and her dog. There was a 25 lb weight restriction. Her dog was well over 25 lbs. The woman initially claimed she needed the dog for her work with autistic children, but later claimed she needed the dog because of her own disability. She obtained a doctor’s note that indicated she required the dog for “emotional needs”. The condominium asked for permission to talk to the woman’s physician, but she refused so the condominium rejected her request for accommodation and initiated an application for an order requiring her to remove the dog from the property. The judge found there was insufficient evidence of a disability or any medical reason for the dog to reside in the unit. The judge also stated that the condominium fulfilled its obligation and that it could not be blamed for her refusal to cooperate in the process. The judge ordered the dog removed and awarded costs of $47,000 to the condominium.
The case was hailed by some as the solution to the generic one-sentence doctor’s notes (i.e. ones from a walk-in clinic or other physician who has spent only a few minutes with the person; ones that do not describe the disability or how the dog is required to accommodate the disability). Others were more cautious about the applicability of the case to other situations. You can read a previous post about the case here: https://ontcondolaw.com/2015/06/24/dog-restrictions-and-disabilities/
Does a recent Human Rights Tribunal decision indicate that the pendulum is swinging away from the case?
We previously wrote about provincial and federal elections rules relating to condominiums, especially regarding election signs here: https://ontcondolaw.com/2014/05/15/ontario-election-how-does-it-affect-your-condo/ In anticipation of the upcoming election we take this opportunity to provide some information about canvassers for elections. Continue reading
We are over the six month mark from the date the first phase of amendments to the Act came into force on November 1, 2017. That means every condominium should have sent out at least one information certificate by now, unless at least 80% of the owners have consented to dispense with the requirement. Have you sent yours? Here is a recap of the obligations: Continue reading
I am regularly asked about the amendments to the Condominium Act, 1998, and when we can expect the next phase of amendments. Many estimates suggested that the next round of amendments would be coming in the Spring of 2018. Nothing has been formally announced and this is looking less and less likely as we near June. There are some significant amendments still to come, including:
There has been a lot of talk about electric vehicles in condominiums lately, despite the fact that electric vehicles still represent less than 1% of passenger vehicles in Ontario. The Ontario government hopes to increase the number of electric vehicles on the roads and has created new legislation to make it easier for owners and condominiums to install electric vehicle charging systems. The new regulations came into force on May 1, 2018. Continue reading
With so much changing in the condo industry as of late, now is a great time to take advantage of some of the courses and seminars offered by CCI. Here are some of the upcoming events: Continue reading
I recently read a case about a condo arbitration. A condominium brought an application to set aside an arbitration award because of alleged fraud by the owners. The condominium started the arbitration because it believed the owners had not complied with section 98 of the Condominium Act, 1998. The arbitrator disagreed and awarded the owners $216,643.49 in costs! Continue reading