I need legal advice regarding the wording of a by-law in my condo. I am in Dartmouth, Nova Scotia. With regards to the

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Customer: Hello, I need legal advice regarding the wording of a by-law in my condo
JA: What province are you in? It matters because laws vary by location.
Customer: I am in Dartmouth, Nova Scotia
JA: What steps have you taken so far?
Customer: With regards ***** ***** interpretation of the by-law, None. With regards ***** ***** exemption from the by-law, many. The by-law is with regards ***** ***** Pets or Animals
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The lawyer should be versed in NS housing is my only request
Answered by Debra in 11 hours 1 year ago
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Debra
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Debra
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Jessica

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that the experts don’t text so there may be a bit of a delay. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

I am sorry to hear of this difficult situation.

I was just about to go to bed when I saw your question. I didn’t want you to have to wait all night. I cannot answer now but so I can answer in the morning can you please tell me what it says exactly.

Can you attach a copy?

Customer
Hello,
I need a by-law interpreted which is in the rules and by-laws of my condominium. Please let me know if you're able to do this.
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Debra, Expert

Can read one paragraph but I can't review all your bylaws.

Customer
That would be very helpful!I have attached a screenshot of the relevant By-Law, Article XII d) regarding pets.I have asked the Board to approve a Labrador Retriever which is in training to pass the St. Johns Ambulence test and become a working Service Dog, as part of a Service Dog team, with myself, to aid in care for my diagnosis of Obbsessive Compulsive Disorder.They have said No, on the basis that they don't have to say yes because it's not yet a service dog, however, because of this by-law they're denying me the opportunity to train a dog, which I must do through a private kennel, as there are no organizations in my small province who would do this (such as the International Guide Dog Federation).My main question with this dated by-law (I'd like to bring up this condo also prohibits children), can the board/ management forcefully remove an animal?For reference, I do not have a dog in my unit. I would not risk the dog being removed, it would be inhumane to both me and the animal.Please let me know if there is further information you need or alternate compensation.Thank you
Customer
File attached (ZQM3GSM)
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Debra, Expert

They may be right about the bylaw but they're not right about the human rights code. The dog doesn't have to be certified as being a service animal. That is a popular misconception. You are entitled to an emotional support animal when your doctor says that you need one. So if you provide them a letter from the doctor indicating that you need an accommodation which is to have emotionally support animal with you and they deny you that right they are in breach of the human rights code and you should file a complaint with the human rights Tribunal.

Does that clarify the law and fully answer your question?

Customer
It is very unfortunate that in NS the service dog act does specify that ESAs are not protected. I believe that is where the misconception is coming from.
I did provide them with a letter from a licensed mental health professional. Do you suggest I reach out to my Family Doctor as well?I have contacted Human Rights Nova Scoita. They did say there are grounds for discrimination as there are currently two other dogs living in the building, one of which she calls an "ESA"
Customer
File attached (63Z26Q6)
Customer
I included the Service Dog Act snip indicating that ESAs are not given rights to housing and public spaces
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Debra, Expert

It doesn't matter about any service dog act. It's the human rights code that protects you.

Customer
Which section of the Canadian Human Rights Act?
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Debra, Expert

It's the Nova Scotia human rights act.

But it's not that it's written out in the act that disabled people are entitled to have emotional support animals in their homes. It is that disabled people are entitled to reasonable accommodation and that comes out of the caselaw and not out of a specific provision in the act.

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Debra, Expert

Thank you for trusting us to help you here at JustAnswer. I am marking this post as complete. If you would like to ask me more questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

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