Part 54 published on 01/05/16
Alberta Human Rights Commission has jurisdiction to deal with certain types of complaints by condominium owners against the condominium corporation
An owner in the condominium made a complaint to the Alberta Human Right’s Commission. The Complainant has a physical disability and is confined to a wheelchair. He alleged that the condominium corporation had discriminated against him in relation to the allocation of his parking space. The Commission indicated its intention to investigate the complaint.
The condominium corporation asserted that the Commission had no jurisdiction to deal with such complaints, on the grounds that remedies are available to condominium owners exclusively under the Condominium Property Act.
The Court held that the Commission had jurisdiction to accept and investigate the complaint under section 4 of the Alberta Human Rights Act. The Court said:
The Commission is entitled to proceed with its investigation. If the Commission determines that parking stall allocations are a service within Section 4, and that Mr. Goldsack is a member of the Corporation’s “public,” they will have to go on to consider there has been unlawful discrimination and to consider the appropriate remedy.
Those decisions are all within the jurisdiction and expertise of the Commission, and it should be allowed to proceed.
I make no finding on these issues other than to hold that the Commission has jurisdiction to investigate under the Act.