23/03/2023 – Jurisdiction Alberta
Part 82 published on 01/06/2023
Condominium corporation discriminated against resident by failing to install accessible patio doors
The Complainant was a full-time wheelchair user, due to a disability. He was a resident of one of the units in the condominium. The condominium corporation was required to replace the patio doors for all of the units, and the Complainant had asked that the condominium corporation install accessible patio doors for his unit (and also offered various cost-sharing arrangements for this request). The condominium corporation did not agree to install the requested accessible doors.
The Tribunal held that the condominium corporation had discriminated against the Complainant and ordered the condominium corporation to install accessible patio doors for the unit at its expense.
The Tribunal said:
…the respondent relied on his lay opinion in rejecting a legitimate proposal for accessible patio doors put forward by the complainant and Engel. The respondent was required to do more than just rely on the lay opinion of one of its Board members. If the respondent had any concerns regarding water intrusion, they should have adequately addressed this by consulting an expert.
…
The respondent unreasonably took the position that the complainant was responsible for the full cost of any accessible patio doors. I note that the complainant even offered to share the increased cost differential for the accessible patio doors, although such cost sharing is not supported by other similar cases and ought to have been borne entirely by the respondent. I also note that the cost of the proposed accommodation was modest. Based on the Renovation King quote, accessible patio doors cost approximately $6,000. With the patio doors replacement project being approximately $60,000 under-budget and the respondent’s available large reserve fund, there is no evidence to support that the respondent could not have accommodated the complainant by providing him with accessible patio doors.
The Tribunal also ordered the condominium corporation to pay $25,000 to the Complainant, as general damages for injury to dignity, and ordered the Board members to undergo Human Rights training.
ENGEL v The Owners Condominium Corporation Plan No. 9023695 oa Glenora Manor, 2023 AHRC 37