A recent ruling from the B.C. Civil Resolution Tribunal upheld a condo’s no-pet policy, ordering an owner to pay $6,800 in fines for keeping three cats in violation of the rules—even though the owner claimed the cats provided emotional support.
So what’s the relevance for Ontario condos?
- Rules Still Matter: Ontario condo corporations can—and should—enforce pet restrictions set out in their declarations and rules.
- Service vs. Emotional Support: Like B.C., Ontario law distinguishes trained service animals from emotional support animals. The latter are not automatically exempt from pet rules.
- But Here’s the Catch: Unlike in B.C., Ontario condo corporations cannot impose fines. Enforcement here relies on letters and if, necessary, typically applications before the Condominium Authority Tribunal (or in rare circumstances, if the pet is dangerous, Court applications).
- The Problem: Time and time again the Condominium Authority Tribunal has either awarded nominal costs back to successful condo corporations or no costs at all. This results in innocent unit owners having to subsidize the costs that the condo corporations incur from non-compliant residents/owners. Something needs to change…
- Human Rights Still Apply: Condo corporations are subject to the Ontario Human Rights Code. Owners and/or residents may request exemptions for disability-related needs, but condo boards can (and should) request the appropriate medical documentation from the requester in order to satisfy and substantiate the need for accommodation. The requesters, on the other hand, must provide the evidence requested by the condo board (short of providing the actual diagnosis) and engage in the accommodation process. A $25 online certificate stating that the pet is an ”emotional support animal” won’t cut it.
The takeaway? Clear and comprehensive pet rules, that are consistent with a condo corporation’s declaration and by-laws, are essential. Condo corporations should also consider implementing both accommodation and enforcement policies so that owners, and residents, are clear as to the processes and the condo corporation can have consistent and fair practices.
Just leave the fines to the west coast!