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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My Favourite Condo Lessons of 2016

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As 2017 approaches I find myself reflecting on the most important news, cases, and other events from this past year. Here are my favourite condo lessons for 2016:

10. Property Managers may be liable for errors in status certificates. The responsibility for the status certificate is normally set out in the management agreement so make sure that you are familiar with any limitations of liability and any obligations on the board to disclose information relevant to the status certificate. You can read the most recent case here and the costs award here.

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Mental Health in Condos

January 28th, 2016 was Bell Let’s Talk Day. It is a multi-year initiative to raise awareness, acceptance and action for mental health issues. This year alone it raised over $6 million. In honour of Bell Let’s Talk Day I thought that I would write about mental health issues in condominiums.

Mental health in condominiums is an issue that is likely to increase in  frequency as living in condominiums becomes the norm. The aging population will also make it an important issue as certain mental health issues (i.e. alzheimer’s and dementia) are more common as we age.  The symptoms may include memory loss, confusion, hallucinations, delusions, depression, anxiety, or aggression.  Continue reading

Scheduling owners’ meetings: Did you check the date?

An interesting case is before the Human Rights Tribunal right now. Three owners have filed a claim against their condominium and property manager alleging discrimination because of creed, which is contrary to the Human Rights Code. The owners are Muslim and contend that they were discriminated against because an owners’ meeting was held on an important religious holiday for Muslims.

Regardless of the outcome of this particular case, it does raise an interesting issue with respect to the scheduling of owners’ meetings: How are dates selected for owners’ meetings? How should they be selected? Continue reading