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Harassment

Step 3: Solutions

Here’s what to do now that you’ve identified your issue and reviewed your legal obligations.

  • Describe your situation
  • I’ve been contacted by my condo corporation or another owner or occupant about a harassment issue

Determine what to do next

Another owner or occupant or the condo corporation may contact you if they believe that you are harassing them.

You should immediately stop anything you are doing that isn’t allowed under your condo corporation’s governing documents or that could be considered dangerous or threatening.

Otherwise respond to whomever contacted you to get more information or to see if you can resolve the issue. Use one of our letter templates, noting the date and time you sent it.

You may wish to ask your condo manager or board if you do not know why you’ve been contacted. You should also check your condo corporation’s governing documents to see if they contain any provisions for dealing with harassment.

You must comply with the Condo Act, your condo corporation’s governing documents and the Criminal Code regarding harassment. Otherwise another owner or your condo corporation may take legal action against you. This could include filing a case against you with the Condominium Authority Tribunal.

You can seek free legal advice from a paralegal or lawyer licensed by the Law Society of Ontario or the Law Society Referral Service.


Follow up

Use the following templates for letters to your condo corporation, an owner or occupant when trying to resolve an issue. Make sure you keep a copy of your letter with the date and time you sent it.


What if these steps don’t resolve my issue?

You may be able to file an application with the Condominium Authority Tribunal if you’ve tried all the steps above and the person continues to harass you or if your condo corporation’s governing documents have provisions about harassment.

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Pets and Animals

Step 3: Solutions for boards and managers

Here’s what to do now that you’ve identified your issue.

Learn about human rights accommodations under the Ontario Human Rights Code

Take a moment to review the information available on the Ontario Human Rights Commission’s website so you can understand if you need accommodation under the Human Rights Code.

You may also want to review information on our website regarding the Ontario Human Rights Code.


Respond to the request

It is helpful to discuss the accommodation with the requestor before making a final decision. You may be able to work with the requestor to identify an accommodation that works for everyone.

Make sure to respond in writing and outline if:

  • You are willing to grant the accommodation
  • You need more information about the accommodation
  • You want to discuss possible accommodations
  • You are refusing to grant the accommodation.

You may wish to seek legal advice if you are unsure of how to respond.

If the issue is not resolved, move forward to file an application in Step 4 – Condominium Authority Tribunal.

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Pets and Animals

Step 3: Solutions for boards and managers

Here’s what to do now that you’ve identified your issue.

Learn about governing documents and identify the change

The board’s first step is to identify the kind of change that is needed and in which governing document.

You can modify the governing documents by adding, removing or changing provisions. Provisions related to pets and animals will most likely be included under the declaration or rules.

See our pages on governing documents to understand what aspect of condo life is governed by each and how changes can be made to each. Each document will have different requirements for meetings, quorum and voting.

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Pets and Animals

Step 3: Solutions for boards and managers

Here’s what to do now that you’ve identified your issue.

Keep track of the issue with as much detail as possible

The date and time when the issue occurs

The type of issue you are dealing with

What you think the cause of the issue is

Any other important details


Identify who is causing the issue


Contact those responsible

The responsible parties may not know that they are causing an issue, so speaking to them about it may resolve the issue quickly.

Send a letter if you are unable to speak with them or speaking with them has not changed the situation. You can use the CAO’s letter templates at the bottom of this page.

Here is where to direct the letters:


Use our sample pet and animal letter templates for condo corporations

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Pets and Animals

Step 3: Solutions for owners

Here’s what to do now that you’ve identified your issue.

Learn about human rights accommodations under the Ontario Human Rights Code

Take a moment to review the information available on the Ontario Human Rights Commission’s website so you can understand if you need accommodation under the Human Rights Code.

You may also want to review information on our website regarding the Ontario Human Rights Code and your condo’s governing documents.


Request an accommodation from your condominium corporation

Your next step is to write to your condo board or manager to request an accommodation. Typically, your condo board or manager will reach out to you to discuss your request after they have received it.

It is important for you and your board to work collaboratively to come up with an accommodation that will meet everyone’s needs. You should participate in discussions about potential solutions with your corporation.


Contact the Human Rights Legal Support Centre

You may want to consult the information available through the Human Rights Legal Support Centre if your condo does not grant your accommodation request. The HRLSC is a not-for-profit provincial agency that provides free legal assistance to individuals who feel they have experienced discrimination under the Human Rights Code.

The HRLSC may assist you in working with your condominium corporation to resolve your disagreement with your condo. If needed, they might assist you in filing an application with the Human Rights Tribunal of Ontario.


Contact the Human Rights Tribunal of Ontario

The HRTO is a tribunal that resolves cases dealing with discrimination and harassment under the Code. Consider filing an application with the HRTO if you have followed the steps above and your condo still refuses to provide you with accommodation. You may wish to seek legal advice if you need assistance filing an application with the HRTO.


File an application with Condo Authority Tribunal

You may be able to file an application with CAT depending on the type of issue you are experiencing. The CAT can only hear Human Rights Code related issues if those issues are related to a dispute that falls within its regular jurisdiction.

You may not be able to file an application with the Tribunal if:

  • The dispute does not relate to an unreasonable pet issue or to provisions in your condo corporation’s governing documents dealing with pets or animals.
  • There is a decision or order from the HRTO that deals with the same issues.

The Supreme Court of Canada decided in Tranchemontagne v. Ontario (Director, Disability Support Program), [2006] 1 S.C.R. 513, 2006 SCC 14, that all tribunals are obligated to deal with Code-related issues but only if those issues are related to a dispute that otherwise falls within the CAT’s jurisdiction.


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Harassment

Step 3: Solutions

Here’s what to do now that you’ve identified your issue and reviewed your legal obligations.

  • Describe your situation
  • My condo corporation isn’t responding to a harassment issue or enforcing compliance with its governing documents

Keep track of the issue

Keep a record of what you’ve been experiencing with as much detail as possible.

Date and time

Type of harassment issue

Who you think might be causing the issue

Any other details that may be relevant


Contact the condo corporation

Notify your condo manager or board of directors of any harassment issue so they can investigate and take appropriate action.

Use our First Letter to Condo Corporation template if you don’t feel comfortable speaking to them in person or if you think they are unaware of the situation or have not addressed it.

Retain a copy of your letter or email and note the date and time that you sent it.

Your condominium corporation is legally required to take action to address a harassment-related issue that violates the Condo Act or the corporation’s governing documents.


Follow up

The condo corporation should take steps to resolve the issue within a reasonable amount of time after you’ve contacted them. You can use our second letter template to send a follow-up letter or email if the issue hasn’t been resolved.

Keep a copy of your letter or email, noting the date and time you sent it.

Use the following templates for letters to your condo corporation when trying to resolve an issue. Make sure you keep a copy of your letter with the date and time you sent it.


What if these steps don’t resolve my issue?

You may be able to file an application with the Condominium Authority Tribunal if you’ve tried all the steps above, the harassment has continued or if your condo corporation’s governing documents have provisions about harassment.

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Pets and Animals

Step 3: Solutions for owners

Here’s what to do now that you’ve identified your issue.

Consider your first step

Did a neighbour or your condo corporation claim that you are causing a pet or animal issue or are not complying with your condo’s governing documents?

Here’s some suggested actions you can take depending on your situation:


Determine what to do next

Do you believe your corporation’s governing documents need to be changed? You can read more about how to raise your concern with the board, but you must still comply with them in the meantime. Communicate with your board early and often about this so you may open the door for a quick resolution. Owners or condo corporations may file a Tribunal case against you if you do not comply.

You may wish to seek legal advice from a paralegal or lawyer licensed by the Law Society of Ontario.


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Pets and Animals

Step 3: Solutions for owners

Here’s what to do now that you’ve identified your issue.

  • Describe your situation
  • My condo board isn’t dealing with a pets or animal issue caused by another owner or occupant

Keep track of the issue with as much detail as possible

Keep notes of all communications with your condo corporation, including:

The date and time when the issue occurs

The type of issue you are dealing with

What you think the cause of the issue is

Any other important details


Contact your Condo Board

Your condo board may not know about the issue, so speaking to them about it may prompt them to respond quickly. Your board must take reasonable steps to ensure that everyone complies with both the Condo Act and the condo’s governing documents.

You can also send a templated letter if you are uncomfortable speaking to them or if you have spoken to them and it has not worked. You will find templates at the bottom of this page. Make sure to keep copies of any letters you send them.


Follow up

Send a follow up letter if the other party does not respond to you after a reasonable amount of time passes after you send the first letter. Keep copies of any follow-up as well.

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Pets and Animals

Step 4: Condominium Authority Tribunal

You may be able to file an application with the Tribunal if you tried the previous steps and it did not work. The Tribunal provides an online dispute resolution system that helps condo communities resolve condo disputes conveniently, quickly and affordably.

About the Tribunal

CAT uses a three-stage dispute resolution process:

Stage 1: Negotiation

You will work with the other parties to try and resolve the dispute.

Stage 2: Mediation

You will work with a mediator to try and resolve the dispute.

Stage 3: Decision

You will be able to make your case to a Tribunal Member in an online hearing. The Member will then issue a binding order.

Only owners, mortgagees and condo corporations can file a pets or animals-related application.

The Tribunal can deal with disputes about provisions related to pets or animals in your condo’s governing documents. Examples of common disputes that can be filed:

  • Disputes about compliance with provisions in the corporation’s governing documents related to pets or other animals, and/or related indemnification/compensation provisions.
  • Disputes about the consistency and/or reasonableness of those provisions.
  • Disputes about the applicability of those provisions.
  • Disputes about indemnification provisions relating to pets and other animals.

Looking for a decision or order that deals with a specific issue?

You can also use the search bar to search for decisions and orders using key terms. Here are some of the most commonly used search terms for pets and animals disputes:


Previous Tribunal cases

You can read all the CAT’s previous orders and decisions to learn more about the types of pet and animal disputes seen at the tribunal, and how they were resolved.


Are you considering representing yourself without a lawyer?

The CAO has developed a guide for Self-Represented CAT parties that helps them understand the role of the Tribunal, its jurisdiction, process and what they can expect when going through a case.

The Condo Authority Tribunal

File a Tribunal application

File a Tribunal application
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Harassment

Step 3: Solutions

Here’s what to do now that you’ve identified your issue and reviewed your legal obligations.

  • Describe your situation
  • I am being harassed by another owner, occupant, employee or representative of the condo corporation

Keep track of the issue

Keep a record of what you’ve been experiencing with as much detail as possible.

Date and time

Type of harassment issue

Who you think might be causing the issue

Any other details that may be relevant


Determine who may be causing the issue

It may not be obvious who is harassing you in the case of verbal harassment. It may not be clear whether the harassment is from a specific condo owner, occupant, tenant or guest or an employee of the corporation.

Check the condo corporation’s records of owners and mortgagees and leased units to determine the unit number and if the person is an owner or occupant.

Use the mandatory Request for Records form or contact your condo corporation directly.


Contact those responsible

Only contact your harasser if you feel safe and comfortable doing so. Otherwise contact your condo corporation directly.

Speak to the other owner or occupant or condo representative you suspect is harassing you because they may not know that you feel harassed. Speaking to them about the issue may resolve it quickly.

Use one of our letter templates if you do not feel comfortable speaking to them in person or if you’ve spoken to them already and the issue has not been resolved. Copy the owner, occupant or condo corporation to notify them of the issue and give them an opportunity to address it. Keep a copy, noting the date and time.

Your condominium corporation is legally required to take action to address a harassment-related issue that violates the Condo Act or the condo corporation’s governing documents.

You can still raise the issue with your condo corporation if you don’t know who is harassing you. You may want to contact your condo corporation’s board of directors directly if the harassment involves your condo manager or an employee or representative of the condo corporation.


Follow up

Follow up with the responsible unit owner, occupant or your condo corporation with another letter if you’ve given them a reasonable opportunity to respond but the issue has not been resolved.

Use the following templates for letters to owners, occupants or your condo corporation when trying to resolve an issue. Make sure you keep a copy of your letter with the date and time you sent it.


What if these steps don’t resolve my issue?

You may be able to file an application with the Condominium Authority Tribunal if you’ve tried all the steps above and the harassment issue has continued and if your condo corporation’s governing documents have provisions about harassment.

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