B.C. homeowner fights strata to keep crucial emotional support cat in bylaw dispute
A B.C. homeowner was ordered by her strata to get rid of her cat, an emotional support animal, so she turned to the Civil Resolution Tribunal to hear her plight.
DE, the applicant, claimed that the strata refused to accommodate her disability under the BC Human Rights Code, according to the dispute decision. She told the tribunal she requires an emotional support animal due to a mental health condition, but the strata refused her request due to its pet prohibition bylaw.
DE requested an order that the strata permit her to keep one emotional support cat, and to remove bylaw fines from her strata account.
In response to that order, the strata says that DE did not provide sufficient evidence that she has a disability, thereby failing to establish that the strata had a duty to accommodate her request.
The strata’s bylaw states that no one can have pets or animals other than a “properly trained animal which is prescribed by a physician and approved by the Strata Council in writing to assist a resident or visitor with a disability.”
For evidence of her disability, DE’s realtor initially gave the strata a letter from a clinical counsellor. It noted that DE’s cat was necessary for her mental health, “as its presence helps mitigate her symptoms.”
She also provided a letter from her family physician, which stated that DE was diagnosed with “moderate major depressive disorder,” which significantly impacted her daily life and ability to function.
The letter stated that her depression had been in remission since the cat was introduced.
According to the strata, the existence of the cat on the property would have caused it “undue hardship,” but it didn’t provide any evidence to support that claim.
For that and other reasons laid out in the B.C. tribunal decision, the strata was ordered to accommodate DE, letting her keep the kitty. The strata was also ordered to reverse any fines that were imposed against the B.C. homeowner for having her emotional support cat contrary to bylaws, and that the strata reimburse DE’s tribunal fees.