→ the request and supporting documents before granting approval for the emotional support dog. The CAT further concluded that the Applicant had not established that the Condo failed to accommodate her disability or that she has suffered undue hardship as a result of granting the accommodation of an emotional support dog to the other unit owner. The CAT was satisfied that the Applicant had a disability within the meaning of the Code, based on her testimony and the supporting reports from her doctors of allergies to a range of substances, including dogs. However, the CAT was satisfied that the Condo met its duty to accommodate by repeatedly requesting information from the Applicant about her needs. The Applicant did not respond to these requests and her failure to participate in the process effectively prevented the Condo from considering and meeting her accommodation needs. The Applicant argued that the Condo ’ s accommodation of allowing the emotional support dog imposed undue hardship on her and that therefore, the Tribunal should conclude that the Condo ’ s decision was unreasonable. The CAT found that the Applicant ’ s statements that she had
severe and life - threatening allergies to dogs was not consistent with her doctors ’ reports, the doctor ’ s report submitted by the Condo, and other statements in the Applicant ’ s testimony and her correspondence with the Condo. The CAT concluded the Applicant had exaggerated her case. The onus to prove undue hardship is on the party that claims undue hardship, and this must be proven with concrete evidence and not simply through general assertions. The evidence did not establish that the Applicant experienced allergy symptoms related to the presence of the emotional support dog or that she experienced severe and life - threatening symptoms related to the dog ’ s presence. As a result, the CAT found that the Applicant had not proved that the dog caused undue hardship to the Applicant. Balancing opposing accommodation requests of condo residents can be a challenging and nuanced task. If your condo is dealing with competing accommodation claims, a lawyer can assist with ensuring that the board of directors follows a fair process and considers all of the relevant principles, factors and evidence in assessing competing claims. ■
Leader of the Canadian Condominium Institute
CCI ’ s new designation, as of July 1 st , 2021, recognizes its members from any profession or trade who have and continue to contribute knowledge and expertise to CCI and the condominium industry. We invite professional and business partner members to apply.
To apply, please visit the website.
CCI Review 2021/2022 - 4 May 2022 Page 8
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