Part 27 published on 01/08/09
“Family swim time” restrictions are acceptable, provided they are not unreasonably restrictive.
The respondent condominium corporation was marketed as an “adult lifestyle” building, and very few of the residents had children residing with them.
The condominium’s recreational facilities (including the pool) are shared with another condominium corporation.
Mr. and Mrs. Dellostritto reside in one of the units with their two teenaged children. Mr. Dellostritto filed a human rights complaint alleging numerous discriminatory activities on the part of the respondents. Many of the complaints were resolved prior to the hearing. One key complaint, respecting the rights of children to use the pool, had not been resolved.
According to the Rules, children were permitted to use the pool only during “family swim time”. Following the complaint, the condominium corporations had lengthened the “family swim time” hours, but Mr. Dellostritto asserted that there should be no such restrictions whatsoever.
The tribunal held that the family swim hours in effect at the time of the complaint were too restrictive, and therefore could have a discriminatory impact on working families with children. However, the tribunal held that the expanded family swim time hours were acceptable, and that no restrictions at all would impose an undue hardship on the other residents who wished to use the facilities (without children).