Part 47 published on 01/09/14
Owner’s complaint respecting audibility of fire alarm could proceed
An owner suffered from hearing loss. He alleged that he was unable to hear the fire alarm originating in the common area outside his suite. The strata corporation applied for a dismissal of the owner’s claim to the Human Rights Tribunal, asserting that the owner had not proven that he was unable to hear the fire alarm and, in any event, any such problem could be resolved by the owner using a hearing aid.
The Tribunal refused to dismiss the owner’s claim. The Tribunal said:
I am unable to conclude that Mr. Stephenson has no reasonable prospect of success with his claim because the Respondent has not met the basic requirements of presenting a case which establishes that.
The Tribunal also said:
It is clear from the materials that no discussion has actually taken place between the parties respecting the merits of this case and the possibility of accommodation. I suggest that the parties avail themselves of the mediation services of the Tribunal prior to taking this matter to a hearing.