Condo board backs down after trying to restrict visitors with service dogs

The board of a condo in the Toronto area has made a decision to reverse a controversial order that required a disabled woman with a service dog to register with the property manager every time she visited the building. Emily Mclennan, who visits 1515 Lakeshore Rd. E. in Mississauga with her service dog Honey, had raised concerns about the new rule violating the Ontario Human Rights Code. She gave the board until Monday to remove the order or face legal action.

Despite the board’s reversal on Wednesday, Mclennan remains cautious. “I’ll believe it when I see it,” she told CBC Toronto. The case serves as a reminder for condo boards to ensure that their rules and bylaws are reasonable and enforceable, according to condo law specialist Deborah Howden from the Toronto law firm Shibley Righton LLP.

The controversy began when the condo board introduced a new rule banning dogs, with exceptions for service animals under certain conditions. However, the rule required service dogs to be registered with the building, with additional forms to be filled out for each visit. Mclennan felt targeted by these new requirements, stating that it felt like a “witch hunt” against her service dog.

Mclennan, who suffers from health conditions that can cause her to lose consciousness, relies on Honey, her specially trained labradoodle mix, for assistance. However, she began to feel unwelcome in the building due to residents making her uncomfortable during her visits. The new rules announced on Dec. 10 exacerbated the situation, leaving Mclennan feeling isolated from her family during the holiday season.

The lawyer for the condo board, Patricia Elia, clarified that the rules were not intended to alienate anyone and assured that they would not be enforced in Mclennan’s case. She emphasized that the board would accommodate her frequent visits with her service animal, noting that there was no need for further escalation.

A letter from Mclennan’s lawyer highlighted that the new rules infringed upon the Ontario Human Rights Code by placing an additional burden on persons with disabilities. David Lepofsky, chairman of the Accessibility for Ontarians with Disabilities Act Alliance, supported Mclennan’s case, stating that people with disabilities must be accommodated under the law.

While Elia confirmed that the rules would not be enforced in Mclennan’s case, she did not commit to formally revoking them. She explained that the rules could be changed without a vote from unit owners since they were not classified as a bylaw.

Moving forward, it is essential for condo boards to consider the rights of individuals with disabilities and ensure that their rules are in compliance with the law. By providing reasonable accommodations and fostering a welcoming environment, condo communities can support inclusivity and respect for all residents.