In a previous article, we looked at a number of cases in the US
relating to condominium residents affixing mezuzot on the exterior
unit doors. In Canada, there are no reported cases that
specifically deal with mezuzot. However, the Supreme Court of
Canada determined in 2004 that sincere personal religious beliefs
override the terms of a condominium declaration and unit owners
were allowed to erect a temporary ritual hut on their balconies
(known as a Sukkah) despite the provisions of the declaration.
While this case and its ramifications has stirred some
controversy in the legal community as to the extent to which a
condominium corporation is required to accommodate religious
beliefs, it is clear that condominium corporations do need to take
religious beliefs and practices into account with enforcement
matters. Like most legal situations, especially in the realm of
human rights, context and particular facts are critical and no two
cases are the same. However, the