… The CAT on Pets
and observations to second-guess this verification. This evidence should be accepted in good faith and the service animal must be permitted to accompany the person wherever they are legally entitled to be on the premises. Condominium managers and boards should also ensure that this information is treated as confidential personal information and only disclosed in accordance with its Privacy Policy. Kristi — Based on the Ontario Human Rights Code and the case law addressing pet restrictions in condominium settings and a request for accommodation, we advise our condominium clients to request documents from an accredited medical professional that: 1. establish that the resident has a disability within the meaning of the Code; and 2. that support the position that the pet is required to remain in the unit in order to assist in treating the resident’s disability -related needs. It is also important to note that the case law supports the position that extensive medical evidence is not required in order to make a decision on an accommodation request, particularly where the applicant is cooperative, credible and is supported by a physician who is intimately familiar with their medical history and their disability at issue. Jennifer — What should all Boards do to make their experience with the CAT as seamless as possible? Laura — Firstly, before a dispute arises, ensure that condominium managers and boards clearly understand their roles and responsibilities in a CAT proceeding. Who will represent the condo corporation in a CAT proceeding? The CAT’s Rules of Practice allow the condo corporation to be represented by (a) a licensed lawyer or paralegal or (b) a friend or family member who is helping without receiving any fee or (c) a licensed condominium manager.
organized and together. Ensure there is a record of all of the steps that the board took to investigate, assess and confirm whether a genuine problem exists and what steps it took to identify the individual(s) responsible. These records will need to be in a digital and written format so that they can be used in the CAT proceeding. Thirdly, if the board makes a decision to refer a matter to the CAT, the Board should record its decision in a resolution of the board. Lastly, all CAT communications must be promptly responded to through the portal. Ensure that all procedural deadlines are met. Be willing to respond to questions and co-operate with the CAT member assigned to the file to look for a resolution to the dispute. Kristi — My number one piece of advice is for the Board to be prepared and to work with their representative before the CAT proceeding is commenced to ensure that they have complied with the Condominium Act and the governing documents up to that point in the enforcement proceedings and that going forward, they will be in a position to share the relevant documents, provide witness information and prepare the necessary submissions for the CAT to make a fully informed decision.
Jennifer — For more information about the Condominium Authority Tribunal (CAT), visit the website
-LG, KSK, JD
If the condominium manager is going to represent the condo corporation, is that part of their contract or an additional cost?
Secondly, when a dispute arises, keep all records
30 — 2020/2021 - 3
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