Part 43 published on 01/09/13
Condominium corporation failed to meet its obligations to a purchaser with a disability who had requested a handicapped parking space
?The Frimans entered into an agreement to purchase a unit in York Region Standard Condominium Corporation No. 1062. Because of their disabilities, the Frimans needed a handicapped parking spot. Because of their inability to secure a handicapped parking spot, the Frimans cancelled the purchase, in exchange for forfeiture of $15,000 of their $20,000 deposit. The Frimans sued the condominium corporation and other parties for recovery of their losses. The Court held that:
a) The condominium corporation and the developer were jointly liable to the Frimans for the sum of $5,000 “due to misrepresentations and lack of action” in failing to obtain a handicapped parking spot for the Frimans.
b) The condominium corporation was liable for the sum of $1,500.00, for breach of its duties of accommodation under the Ontario Human Rights Code.
c) The condominium corporation and one of its directors were jointly liable for the sum of $1,000 for failing to abide by the Condominium Act, the declaration, by-laws and rules (for failing to keep records of users and leases of parking spaces). [The Court said: “If this had been done, it would have been very easy for the condominium corporation and the Frimans to know who was using the handicap spots as every motor vehicle was to have been registered.”]
Respecting item b) above, the Court’s decision included the following:
- “Under the Ontario Human Rights Code there is a duty to accommodate a person with a disability.”
- “The fact that the condominium corporation did not take steps to either switch (the unit’s parking spot) for a handicapped spot or one closer to the door was discriminatory treatment that caused the plaintiffs stress and was a factor in the decision to not close (the purchase). The Ontario Small Claims Court is now authorized under the OHRC to determine whether a defendant has breached the OHRC if the plaintiff is litigating in the Small Claims Court on a related non OHRC matter.”
- “The condominium’s declaration… states … that if a disabled driver purchases a residential unit and a parking unit which is not designated for the handicapped, the owner or occupier of a handicapped parking unit shall (if not handicapped), upon notice from the Corporation and at the request of the disabled driver, exchange the right to occupy the Handicapped Parking Unit with the disabled driver for the parking unit which was purchased by the disabled driver, said exchange of the right to occupy said space to continue for the full period of the disabled driver’s residence in the building.” The Court said that the Condominium Corporation had failed to take the steps permitted by the declaration, in order to accommodate the Frimans. The Condominium Corporation had simply said that the handicapped parking spaces were not available, but in fact provided no clear evidence to indicate who was using those parking spaces.
The decision also included the following:
- “It may be in some condominiums that due to a lack of handicapped parking spaces this accommodation cannot be met.”
- “All condominium corporations should put in place a fair plan for accommodation of the parking needs of handicapped residents, purchasers and residents that become handicapped.”