Condo Adviser Episode 33: Deep Dive on Human Rights in Condos

59 minute read
06 May 2022

Condo owners and residents are required to comply with their condo's governing documents, which sometimes restricts some of their rights. In fact, condo corporations have a duty to take reasonable steps to ensure owners and residents do comply. But what happens when someone cannot comply with these documents as a result of a disability or when someone seeks a valid accommodation? How does a corporation balance competing rights? This is one of the most delicate balancing acts and one fraught with risks.

Topic in this on-demand webinar include:

  • Competing legislation
  • Condo's duty to apply legislation and enforce governing documents
  • Requests for accommodation:
    • What is a disability?
    • Duty to accommodate
      • Procedural duty
      • Substantive duty
  • What is undue hardship?
  • What medical evidence can be obtained by condo corporations
  • Balancing the duty to accommodate with the duty to enforce
  • Human Rights at the Condo Tribunal
  • Practical examples:
    • Service and support animals
    • Accessibility issues
    • Medicinal cannabis
    • Recent cases


NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.

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