Implementing an Accommodation Policy

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A special thank you to Ronak Shah (student-at-law) for co-authoring this article.

The Ontario Human Rights Code (the “Code”) requires condominium corporations to provide an equal opportunity to access housing and its intended benefits without discrimination on any of the grounds protected by the Code, including disability. The obligation extends to condominium boards, management, staff, owners and residents.

Time after time, human rights commissions and tribunals across Canada have affirmed that condominiums have a general duty to accommodate disabled owners and residents to the point of undue hardship. Depending on the circumstances, appropriate measures to accommodate persons with disabilities may include providing wheelchair ramps and accessible parking on the property, installing wide lobby doors that open automatically, or adding Braille to elevator buttons.

The general duty to accommodate a disability to the point of undue hardship also includes a procedural obligation to make appropriate inquiries into the nature of the applicant’s disability-related needs and give thought and consideration to the issue of accommodation, including what, if any, steps could be taken to provide an accommodation. The person seeking the accommodation has a right to participate fully in the process.

Please see full article below for more information.

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Published In: Business Organization Updates, Civil Rights Updates, Residential Real Estate Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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