You are a paralegal associate working for Wright and Best Paralegals LLP located at 200 King Street
Question:
You are a paralegal associate working for Wright and Best Paralegals LLP located at 200 King Street East, Toronto, ON, M5A 3W8, tel: 416-415-2000 ext 5555.
On September 15, 2023, Vladmir Polanski entered our office looking for advice. Vladmir is a tenant at 2-33 Overleigh Avenue East, Toronto, Ontario, M1M 1M1. Vladmir has been a tenant there since 2018. Vladmir experienced a lot of depression and anxiety during COVID lockdown and beyond but never sought treatment, instead opting recently to adopt a prairie dog as an emotional support animal. The prairie dog's name is Felix.
The landlord is not happy about this. The landlord said that Vladmir agreed to not ever get a pet when he moved in. Also, the other tenants have been complaining about Felix. They are saying they see more bugs in their apartment since Felix was adopted, that Felix barks frequently and loudly, that the odour coming from Vladmir's apartment is offensive and overwhelming, and that when Vladmir takes Felix to the building laundry room, the prairie dog will nip at any young children who are also in the room. The landlord told Vladmir that either Felix goes, or he goes.
Vladmir is very concerned. He does not want the landlord to evict him but does not want to part with Felix because Felix helps with his feelings. Vladmir concedes that Felix can bark and nip occasionally, but is actually quite a docile animal because he's a bit overweight, weighing about 5 pounds. Vladmir also concedes that he allows Felix to urinate and defecate on a puppy pad in the unit, which may be causing the smell. It is not a frequent occurrence as Vladmir is usually pretty good about cleaning it up. However, there have been times that Vladmir has not been as diligent as he could be because he's been too depressed to clean.
1. Whether the landlord would be required to accommodate Mr. Polanski's condition and his reliance on Felix. Note - For this question you will need to locate and reference relevant provisions from Ontario legislation that deals with discrimination in occupancy of accommodation and disability. You will also need to locate a Landlord and Tenant Board case from 2017, where the tenants alleges that the Landlord failed to accommodate their disabilities.
2. Whether Mr. Polanski could be evicted based on how Felix's behaviour has interfered with the reasonable enjoyment of the other tenants in the residential complex. Note - For this question you will need to locate and reference relevant provisions from Ontario legislation dealing with residential tenancies and evictions based on owning an animal. You will also need to locate a Landlord and Tenant Board case from 2017, which deals with a landlord application to evict disabled petowing tenants.
3. Whether Mr. Polanski could be evicted based committing an illegal act. Note - For this question you will need to locate a Toronto by-law dealing with animals that are illegal to have in residential tenancies, and a relevant provision from Ontario legislation that deals with terminating a tenancy based on an illegal act. You will also need to locate a Landlord and Tenant Board case from 2012, which deals with a landlord application to evict illegal pet owning tenants.
The answer to these questions must state the law or legal principle involved, apply Mr. Polanski's facts to the law, and then derive a conclusion based on this exercise.
Intermediate Accounting Volume 2
ISBN: 9781119740445
13th Canadian Edition
Authors: Donald E. Kieso, Jerry J. Weygandt, Terry D. Warfield, Irene M. Wiecek, Bruce J. McConomy