(Disability)

Mr. Dixon uses a wheelchair. He and his wife lived in a building that was not accessible, making it impossible for him to travel independently. The Dixons asked the landlord to modify the building entrances and repeatedly asked for a transfer to a ground floor apartment because the elevators were unreliable.

The Tribunal found that “(The landlord) appeared to take the position that he was entitled to substitute his judgement for that of the Dixons as to what they needed and where and how they should live … Both persons with disabilities and persons on social assistance tend to be subjected to harmful stereotyping as well as societal barriers that have an effect on their dignity.”

The Tribunal ordered:

  • $10,000 to the Applicant for compensation for loss of the right to be free from discrimination
  • Reduction of the Applicant’s rent by $136.61 per month until the Respondent has offered the Applicant a one-bedroom apartment on the first floor of the building
  • $2595.59 to the Applicant for loss occasioned to date by its refusal to allow a transfer within the building
  • The Respondent to offer the next available apartment on the first floor to the Applicant
  • The Respondent to ensure that the front and back doors and entryways of the apartment building are accessible to people in wheelchairs by six months from the date of the order, including providing a ramp or grading and installing electronic door opening devices
  • The Respondent to retain an expert on human rights issues within three months of the order, and to undertake an appropriate training course for its managerial staff on anti-discrimination practices relevant to tenants

To read the full decision, visit CanLII