Dogs And Disabilities

We often come across situations where a resident of a condominium who has a dog claims to have a disability that requires that the dog live in their unit contrary to a pet restriction in the condominium's documents. Is a simple claim by a resident that he/she has a "disability" – usually backed up by a tersely drafted doctor's note – enough? The answer is no. More is required.

In the recent case of Simcoe Condominium Corp. No. 89 v. Dominelli, a unit owner's fiancé, Ms. Labranche, claimed to have a disability that required her to have a dog that was heavier than the permitted weight in breach of the corporation's rule that set a 25-pound weight restriction on pets. Ms. Labranche claimed her large dog was a "service dog". Several doctor's letters were submitted to the corporation that stated that Ms. Labranche had a medical condition that was mitigated by the presence of her "service dog".