04/11/2020 – Jurisdiction Newfoundland and Labrador
Part 72 published on 01/12/2020
Condominium’s by-laws prohibiting occupants under age 55 ruled discriminatory
The condominium corporation had amended its by-laws to restrict occupants of the units to persons aged 55 or older. The Complainant (who is under age 55) had entered into an agreement to purchase a unit in the condominium. Before completing the purchase, he asked the condominium corporation to repeal or amend the by-law (to allow him to occupy the unit). The corporation did not repeal or amend the by-law. The Complainant did not proceed with the purchase, but then brought this complaint to the Human Rights Commission and Board of Inquiry.
The Board of Inquiry agreed with the Complainant, and found that the condominium’s by-law is discriminatory. The Board of Inquiry held that the by-law is not protected by the exemption, in Section 12 (4) of the Human Rights Act, which applies to rental properties (where all occupants of the rental property are required to be 55 years of age or older).
The Board of Inquiry ordered the condominium corporation to amend or repeal its by-laws to remove the age restrictions. The Board of Inquiry also ordered the condominium corporation to pay $4000 in general damages to the Complainant.