Toronto nurse told by condominium to get rid of her dog because it weighs too much

ATorontonurse is speaking out after her condo management companytold her she'll have to get rid of her dog in a matter of daysbecause the animal weighs too much.

Lindsay McCarthy, who works at a hospital in the city, rescued Poppy in December 2020 when the dog was just six months old. She says shegot a pet to help her deal with the stress she was under caring for patients during COVID-19.

"Pandemic duties started having a psychological and emotional toll on me," she told CBC Toronto.

"I felt profoundly lonely and felt that getting a dog would be the answer to some of my issues. My dog is my companion."

McCarthy has been renting a unit inQuay West at Tip Top on 90 Stadium Road since 2018. The condominium has a weight limit of 30 lbs. for dogs. Poppy's weight was within the condo's limitwhen McCarthy adopted her, but she now weighs47 lbs.

McCarthy says she received a call from her condominium concierge on June 23asking for Poppy's weight.

"I was given only 24 hours to provide a veterinary certificate," she said.

"I was on my first vacation since the onset of the pandemic but I still got in touch with Poppy's veterinarian and shared all the information I could collect in such a short notice and the next day I received a long letter," she said.

In thatletter, which was originally sent toMcCarthy's landlords on June 24via email, the condo management company saidthe dog must be permanently removed from the building by July 2 or the ownersmay face further legal action for violating the condominium's rules.

CBC News reached out to CrossbridgeCondominium Services forcomment. The company responded with a written statement.

"The corporation is not in a position to discuss any matters relating to owners or residents with third parties and therefore is not able to comment," the statement reads.

Lawyers specializing in condominium lawsay disputes over pets are very common and they advise residentsto make themselvesaware of the rules when they move in. Lawyer Shawn Pulver, who is not involved in McCarthy's case,says it's difficult for condo owners and tenants to fight rules like this in court.

"This is something that under the Condominium Act is a certain discretion granted to condominium boards to pass reasonable rules that relate to items such as pets," he said."And the courts have made it clear over the years that condos have discretion and authority to pass rules on a reasonable basis."

But Pulver addsthere are certain exceptions that may applyif the pet owner canexplain why the rulesshould not apply to them.

McCarthy's condo, for example,does allow for service animals and she hopes that Poppy will be permitted to stay once she provides documentation from her doctor showing the dog is an emotional support companion. She says Poppy is a quiet and peaceful dog and hopes that the condo board will understand her situation.

However, McCarthy is still upsetthe condo management company tried to force her to get rid of her dogin the middle of the pandemic.

"Asking pets or people in the current situation to vacate a unit on such short notice is unfair," she said.

"I don't have children. I live alone and my pet is my family.".