Can you keep a dog in a no-pets condo building if it’s for emotional support? The answer is… it depends. But not if your documentation is bogus.
In a case before the Condominium Authority Tribunal (CAT), YCC 288 v. Archambeau & Sardouk, a condo resident kept a dog in a strictly no-pet building . The corporation’s declaration and rules were clear: animals and pets were not allowed. Period.
Here’s what the corporation’s documents provided:
DECLARATION
“No animal shall be allowed or kept in or about any unit or the common elements.”
Rule 8: ANIMALS AND PETS
“Animals and pets are not permitted in units or in common areas as per the Declaration.”
That’s about as straightforward as it gets. There were two respondents in this case: the tenant living in the unit and the unit owner. The owner did not live in the condo, but as we’ll see, that didn’t shield him from responsibility.
And remember, while tenants can’t start a CAT application themselves, they can be respondents in one.
THE EMOTIONAL SUPPORT ANIMAL CLAIM
The corporation wasn’t blindly rejecting accommodation requests. In fact, it had an Emotional Support Animal Process in place. It required:
- A form,
- A doctor’s letter, and
- Confirmation from the corporation
At the heart of this dispute was a resident who wanted to keep his mother’s dog as an emotional support animal. He provided a letter from his physician. But, the corporation wasn’t prepared to simply take the letter at face value. The assistant property manager contacted the physician’s office to confirm it. They were unable to verify the letter’s authenticity. As a result, the request was denied in writing.
The dog remained in the unit, and the resident made another attempt. He provided a second medical note from a different clinic. Unfortunately for him, the second letter fared even worse. This time, the clinic explicitly confirmed that the note was not an authentic document issued by their office. In other words, it was fake.
At that point, the accommodation request was denied.
The Tribunal's decision
The Tribunal found that the respondents were in breach of the condo’s pet provisions. Under section 119(1) of the Condo Act, owners and occupiers must comply with the corporation’s governing documents.
The result?
- The dog must be permanently removed within 30 days.
- The respondents must comply with the pet rules going forward.
- Both the tenant and the owner were paid to pay $4,200 in costs — including $4,000 in legal fees and $200 in Tribunal fees — on a joint and several basis. That means the corporation can collect the full amount from either one of them
What This Case Reminds Us
This case is a reminder that:
No pets means no pets. If your condo has a strict prohibition in its declaration, that carries legal weight.
Emotional support animals may qualify for accommodation under human rights law if you can provide proper, credible documentation. Fabricated or questionable notes won’t cut it.
Condo corporations can and do verify accommodation requests. Don’t assume a letter is enough. The corporation has a right to seek clarification, or even request specific forms.
Bottom line? Don’t try to sneak in pets under the radar, and definitely don’t try to fake your way around the rules. If you genuinely need an accommodation, go through the proper channels with legitimate support.
Otherwise, that furry friend could land you in front of the Tribunal–and out of the unit.
From the corporation’s perspective, accommodation requests must be approached carefully and in good faith. These situations are rarely straightforward. They require a thoughtful, fact driven analysis and a willingness to engage in a meaningful process with the requesting owner.
At the same time, boards must balance the rights of the individual with the interests of the broader community and the corporation’s governing documents. Moving too quickly in either direction can create unnecessary legal risk.
When in doubt, reach out to your favourite condo lawyer.
