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ARTICLE · 09 NOVEMBER 2012

Conflict Between Condo Declaration And Religious Practices - Part 2

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.

CanadaReal Estate and Construction

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

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