Undue hardship is a key legal concept in Canadian accommodation law. It defines the point at which a service provider is no longer required to accommodate a disability-related need, including the use of a service dog.
The threshold for undue hardship is intentionally high. Inconvenience, discomfort, customer preference, or minor costs do not qualify.
Factors commonly considered include serious health or safety risks and excessive financial cost. These factors must be supported by objective evidence, not assumptions.
In service dog cases, claims of allergies, fear, or cleanliness concerns rarely meet the undue hardship standard on their own. Providers are expected to explore reasonable alternatives first.
Undue hardship is assessed on a case-by-case basis. What qualifies in one context may not qualify in another.
Key takeaways:
• Undue hardship sets a high legal threshold
• Minor inconvenience is not sufficient
• Evidence is required to justify refusal
• Accommodation must be explored first
For examples of undue hardship findings in service dog cases, consult the Canadian Service Dogs Handbook.