Understand Your Rights and Obligations
If you have a pet and live in a condominium, you may be wondering whether or not your building will allow you to have a pet. Condo rules typically restrict the type and size of pets that are allowed in the complex. This is because many owners will be allergic to certain breeds. There is also the issue of a nuisance, which most condo corporations will consider in making reasonable accommodations. Your lawyer can help you understand the legal rights and obligations of both you and your pet.
In Toronto, one woman’s right to keep her elderly cat was recently upheld by the Supreme Court of Canada. The building’s board had tried to enforce a no-pet rule for the owners, but Nancy Staib was able to prove that her pet could not be a nuisance. The board dragged the case through two courts before appealing to the Supreme Court of Canada. The Supreme Court ultimately declined to hear the board’s appeal. The decision means that Nancy Staib can continue to live with her pet in her Queen’s Quay apartment.
Sali Elbaum, a tenant in a Toronto condo, sued her landlord for refusing to allow her dog to stay in her unit. The condominium corporation posted signs requiring residents to keep their dogs on leashes. However, the owners of the unit didn’t enforce this rule. The woman used letters from her doctor to convince the judge that her dog was a therapy dog, and the judge ruled in her favour.
Condo Pet Lawyer Can Help You Understand Your Rights and Obligations
Another case involving a condominium’s pet policy is Simcoe Condominium Corporation No. 89 v. Dominelli. In this case, the owner of a condo unit was ordered to remove an obese dog permanently from the unit due to her wife’s work with autistic children. The court held that the condominium corporation had the right to make its rules, which is why a condo pet lawyer is critical.
Condominium owners may also opt for a no pet policy. While most housing agencies permit pets, Ontario’s Residential Tenancies Act prohibits landlords from imposing a no pet clause, a condominium landlord may still reject the application on grounds of discrimination. However, the Ontario disability discrimination Act allows people with disabilities to bring their service dog or guide dog to the condominium. However, emotional support animals are not considered service animals.
Nevertheless, the Board found that the owner of the condo did not have written permission to keep the pets. The owner of the condo also argued that the Board has a high standard of deference for its decisions. It was also noted that the Board was required to make changes to its by-laws because of health concerns associated with cats. However, the Board’s counsel argued that a court should only intervene if the board has made a mistake in policy.