CCI Newsletter 3 - 2021-2022

→ the CAT concluded that the Corporation was entitled to impose reasonable conditions on an ESA as an accommodation under the Code . Despite the fact that the process by which the weight limit was chosen lacked transparency, the CAT found that the weight limit itself was not unreasonable in the circumstances for several reasons: 1. The restriction was consistent with the 20 - pound limit on dogs which the Corporation had previously used; 2. The restriction appeared to be a legitimate attempt to balance the needs of all of the residents. There was evidence before the adjudicator that some of the needs of the other residents were themselves Code - based; and 3. The unit owner did not produce any persuasive evidence that her son ’ s disability required an ESA that weighed more than 25 pounds. Human rights

case law makes it clear that the purpose of the Code is to accommodate a person ’ s needs, not their preferences. Accordingly, the CAT found that the Corporation had offered reasonable accommodation and dismissed Ms. Martis ’ application. The Corporation did not seek any costs from Ms. Martis. No costs were ordered. In reviewing the CAT ’ s decision, it is important to note that the Corporation presented evidence that the weight restriction imposed was consistent with its prior practice and that the Corporation was taking into consideration the Code - related needs of other residents. When appearing at the CAT, Condo Corporations should ensure that all relevant evidence is presented to the adjudicator and demonstrate all of the interests that the Corporation must consider. ■

National Volunteer Week—April 24 to 30, 2022

Organizations, communities and people benefit from the millions of volunteers who bring their hearts to the work they do. Through volunteering, people gain experience, improve their employment and educational options and have a greater sense of belonging and well - being. Volunteering also plays an important part toward building inclusive and diverse communities. Those who volunteer in condominium communities as directors provide value and strength to all who are shareholders. We thank them for their ongoing commitment to their responsibilities. To all of the volunteers who helped us through these tough times in so many ways and continue to do so, Thank You.

Thank you for all you do, for your kindness and empathy. We are all stronger by your commitment to help others!

CCI Review 2021/2022 —March 2022 - 8

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