A Toronto-area condo board has backtracked on newly imposed rules that required disabled visitors with service dogs to register with property management before each visit, following a legal challenge from a Kitchener woman. However, it remains unclear if the rules will be formally revoked.
The controversy began when Emily Mclennan, a psychotherapist from Kitchener, was informed that she would need to complete a series of forms each time she visited her mother and sister at a Mississauga condo, where she regularly arrives with her service dog, Honey. The new regulations, introduced in early December, mandated that all service dogs be registered with the building, with additional forms required depending on the length of stay.
Mclennan, who suffers from thrombocytopenia and postural orthostatic tachycardia syndrome—conditions that cause sudden loss of consciousness—began using Honey, a specially trained labradoodle, to alert her to fainting episodes. She was alarmed by the new rules, which she felt unfairly targeted her service dog and made her feel unwelcome. “This feels like a witch hunt against my service dog,” Mclennan told CBC News.
The new policies also drew criticism from advocates for people with disabilities, including David Lepofsky, chairman of the Accessibility for Ontarians with Disabilities Act (AODA) Alliance. Lepofsky emphasized that the Ontario Human Rights Code mandates accommodations for individuals with disabilities, including those who rely on service animals, and likened the rules to discriminatory practices. “This is ridiculous. People without disabilities aren’t told to leave their legs at the door,” he said.
After Mclennan’s lawyer sent a letter to the condo board, warning of legal action if the rules were not rescinded, the board reversed its position on December 20, stating the new policies would not be enforced in Mclennan’s case. Patricia Elia, the lawyer representing the condo board, confirmed the reversal but stopped short of addressing whether the rules would be formally revoked. “If she’s a frequent visitor, we’ll note that on the file of the unit owner so that she’ll be allowed to visit with her service animal,” Elia said.
Despite the reversal, Mclennan expressed skepticism. “I’ll believe it when I see it,” she said, noting that the atmosphere in the building had become increasingly uncomfortable since her visits with Honey began.
Legal experts like Deborah Howden, a condo law specialist, caution that rules like those proposed by the condo board must be reasonable to be enforceable. “If they are not reasonable, they are not enforceable,” Howden said, stressing that bylaw amendments that burden people with disabilities are not only legally questionable but can also be detrimental to community relations.
In the wake of the incident, questions remain about whether the condo board will take further action to formally revoke the controversial rules, which are not classified as part of the condo’s bylaws, and thus can be altered without a vote from unit owners.
This case highlights the ongoing challenges people with disabilities face in securing fair and equitable treatment in housing and public spaces. Mclennan’s experience serves as a reminder that accommodations for service animals must comply with human rights legislation, ensuring that individuals with disabilities are not subjected to unnecessary barriers.
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