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Capilano Court tenant faces eviction over his service dog

Michael Vernon, 50, lives with PTSD and post-concussion syndrome, and has owned Maverick, a Doberman pincher, for the past six years. The dog has been his psychiatrist-approved support animal since June 2024.

MOOSE JAW — Resident Michael Vernon could be living on the streets soon because Prairie Skies Retirement Villa (PSRV) wants to evict him over “complications” that his emotional support dog is allegedly causing.

Vernon, 50, has lived with post-traumatic stress disorder (PTSD) and post-concussion syndrome since 2008, and has owned Maverick, a Doberman pincher, for the past six years. The dog has been his psychiatrist-approved support animal since June 2024.

Vernon had a two-hour interview with officials from Capilano Court — an assisted living care home under the PSRV banner — in August 2024 to determine whether he and his support dog were acceptable, he said during a recent interview. Officials called him several months later and agreed to accept him and Maverick, so they moved in on Dec. 4, 2024.

Then, unexpectedly, on Jan. 6, the man received a formal eviction letter from the organization giving him 30 days’ notice.

“The reason for this eviction notice is some complications with having a canine in our facility,” Wendy Lake, the on-site manager, wrote.

Vernon’s tenancy at Capilano Court would end on Thursday, Feb. 6, so he had to vacate the property on or before that date, Lake continued. She encouraged him to find help to remove his belongings and return his keys by that time.

“Failure to vacate the premises by the specified date may result in legal action to regain possession of the property. Please take this notice seriously to avoid further complications,” she added.

The Moose Jaw Express/MooseJawToday.com called Lake about the letter, but she declined to comment.

Vernon pointed out that the eviction letter is vague and doesn’t offer much information about the situation.

“I think it took time to process (the letter) because everybody loves Maverick in there,” he said, noting the animal also provides emotional comfort to other tenants. “… to be bullying service animals, I think that’s a bit out of the realm (of acceptability).”

Meanwhile, after receiving the document, he went to the Saskatchewan Ombudsman and was told to contact the Ministry of Health’s community care branch to have one of its standards consultants for personal care homes investigate the situation. The consultant’s findings would then enable the ombudsman to review the issue officially.

Vernon expected the ministry consultant to begin her investigation soon, which would include speaking with Capilano Court staff and reviewing security videos. If the consultant’s report is against Vernon, he could apply to the Court of Appeal to overturn it.

The Ombudsman’s comment

The Ombudsman’s office told the Express by email that it couldn’t comment on specific files or who had contacted it. Instead, it said that it valued everyone who contacted the office, listened to each person to determine whether the office could play a role and directed people to the best resources.

Meanwhile, the office said it had no jurisdiction over personal care homes, while anyone with concerns about such places should contact the Ministry of Health, which licenses and oversees those homes. However, the ministry was within the office’s jurisdiction and it could receive concerns about that agency.

Finding a lawyer

The resident said it was difficult to find a lawyer in Moose Jaw who would take on his case because many have a conflict of interest since they have connections to Capilano Court’s multinational ownership. Although the lawyers “had a heart” for Maverick, they encouraged him to look to Regina or Saskatoon for legal support.

“I did find a lawyer. He’s extremely interested … (because) this is a precedent-setting case,” he continued. “It has never been seen on the books, as the ombudsman said, and neither has the Ministry of Health (seen something like this) … nor has the (provincial Office of Residential Tenancies).”

Vernon recalled his lawyer, Michael Scott, with KMP Law in Regina, telling him that Capilano Court allegedly had “one foot in the toilet here” because a manager had vetted and accepted him and Maverick, and then suddenly, he was being evicted even though his dog hadn’t bitten anyone.

“He’s an extension of me. He’s an extension of my family and I do not appreciate Capilano Court scapegoating my dog here. That’s what is happening here,” the 50-year-old remarked.

The Express contacted Scott’s office but did not receive a reply.

The Saskatchewan Human Rights Commission (SHRC) says that emotional support animals have “extremely high status” as service animals for people who face undue stress, Vernon said.

Maverick helps him with his emotional regulation and daily structured routine, as his physician, Dr. Om Prabha Moorti, wrote in a letter on Aug. 22, 2024. Vernon also received a similar letter from the Broad Street Clinic in Regina on June 4, 2024.

Besides acquiring a lawyer, Vernon has submitted a complaint to the SHRC requesting that it review his case and award him damages of about $300,000.

SHRC’s comments

The SHRC said by email that it is a neutral organization mandated to serve the public interest, while its focus on mediation and restorative justice outcomes requires that its complaint process remains confidential. Therefore, it didn’t discuss or disclose details about complaints.

The commission pointed to its website for information about the complaint process, service animal policy and emotional support animal policy.

“Emotional support animals (or therapy animals) provide emotional support and therapeutic benefits but do not have specialized training to provide services for a person with a disability,” the SHRC added.

Sober living

As a recovering addict, Vernon credited living in Capilano Court for keeping him sober since it’s structured and similar to living a rehab-style life. He noted that employees give him his medications on time, provide his meals on time and check on him nightly “like a Big Brother-type thing.”

Vernon added that unless Capilano Court offers to mediate or settle with him, his situation could take 10 to 12 months to resolve through the SHRC because “the wheels of justice turn slow.”

Editor's note: This story has been updated to include comments from several groups named in the article.

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