Mr. DiSalvo required a ramp for the front door of his condominium townhouse. The Condominium Corporation refused to pay for the ramp, insisting that Mr. DiSalvo bear the full costs associated with it.
The Tribunal found that “even where the Applicant is the only individual benefiting from the accommodation measure, unless undue hardship is established, the Code requires that the costs of the reasonable accommodation be borne by the condominium corporation … I find that by insisting on a position that was wrong, at law, by failing to consider alternatives, and by creating a barrier to substantive discussions, the Respondent (Halton Condominium Corporation No. 186) has also failed to meet its procedural duty to accommodate the Applicant (Mr. DiSalvo).”
The Tribunal ordered:
- $12,000 to the Applicant in respect of compensation for loss of the right to be free from discrimination;
- the purchase, installation and maintenance of a ramp at the front entrance of the townhouse; and
- a human rights policy and a complaint mechanism to be developed
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