Mr. Jakobek’s condominium refused to allow him to park his scooter in one of the parking spots he owns. The condominium also failed to accommodate his disability by refusing to install an automatic door opener on the doors located between the parking garage and the elevators. Although the condominium later allowed Mr. Jakobek (the Applicant) to park his scooter in his parking spot and eventually installed door openers two years after his request, the Tribunal found the condominium’s responses “untimely.”

The Tribunal ordered:

  • the Condominium to make a donation in the amount of $5,000 to the March of Dimes (at the Applicant’s request);
  • wnsure that the Condominium’s by-laws, by amendment, specifically permit that mobility assistive devices can be parked in the parking garage; and
  • wnsure that management complete the Ontario Human Rights Commission’s eLearning module “Human Rights 101,” and review the OHRC’s “Policy and Guidelines on Disability and the Duty to Accommodate”

To read the full decision, visit CanLII