Disability & Dogs: Has the Pendulum Swung Back?

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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?

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Can the Condo Demand My Dog’s DNA?

dogToday I was on Newstalk1010 with Jim Richards to discuss an annoying enforcement issue faced by many property managers – dog waste left on the common elements. The question posed to me was this: can the condominium demand that an owner provide his dog’s DNA for enforcement purposes?

Wouldn’t it be nice if you could identify the dog (and its owner) by examining the waste left on the common elements? That would make enforcement pretty easy, right? Well a new service promises to do just that. PooPrints will create a DNA database for all of the dogs in the condominium using a simple cheek swab. When dog waste is left on the property a sample is sent to the company and they let the manager know which dog left it. If a match is found the costs of testing and clean-up are charged to the owner of the dog.  Continue reading

Dog Restrictions and Disabilities

I am regularly asked by clients to assist them with enforcement of dog restrictions (i.e. weight limits) or complete prohibitions in a condominium’s documents. Sometimes an owner will claim that he or she needs the dog because of a disability. The mere mention of the word (disability) immediately increases the anxiety felt by the board and manager. It seems many owners are aware of this anxiety-inducing affect and use the word without regard for its actual legal meaning. There was a recent case where an owner did just that, but the condominium refused to back down without adequate evidence of her disability.

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