duty to accommodate

A Guide to Owning a Condo — Butt Out

A hot topic facing many condominiums in Ontario is the handling of second hand smoke.

The Province introduced the Smoke-Free Ontario Act to help smokers quit, encourage young people to never start, and most importantly, to protect people from exposure to second-hand smoke. Over the years, you have seen first-hand evidence of the Province’s strategy. It is illegal to light or use a tobacco product in a motor vehicle with anyone inside under 16 years of age. Smoking is banned on or around children’s playgrounds, publicly owned sports fields and all bar and restaurant patios.

The Act also prohibits smoking in the common areas of condominiums, which includes elevators, hallways, parking garages, party rooms, laundry facilities, lobbies and exercise areas, but does not attempt to regulate the use of a private dwelling.

No Duty to Accommodate — A Legal Perspective

The Human Rights Tribunal recently released an interesting decision on the duty to accommodate an owner with a disability. In Taite v. Carleton Condominium Corporation No. 91 [2014] O.H.R.T.D. No. 166 the owner claimed the condominium had a duty to accommodate his disability by allowing him to park his truck outside near the front entrance and not underground in the parking garage as offered by the condominium (note: the truck did not fit in the underground). The tribunal disagreed.