Damage to Dignity

Noe v. Ranee Management, 2014 HRTO 1658 (CanLII)

[2] The Tribunal held a hearing in this matter on February 21, 2014. In Decision 2014 HRTO 746, dated May 23, 2014, I found that the applicant has a disability that causes her to be sensitive to chemicals. I further found that she asked the respondent to accommodate her regarding its use of chemicals (paints, solvents, cleaners, etc.) in the apartment building in which she lived at 195 Barrington Avenue in Toronto. The respondent declined to accommodate the applicant, which I found was a breach of her right to be free from discrimination in the occupancy of accommodation under section 2(1) of the Code.

[9] The applicant requested $10,000 for compensation for injury to dignity, feelings and self-respect. The applicant did not participate in the remedy hearing and, as a result, the evidence before me regarding the subjective effect the respondent’s conduct had on the applicant is limited. Accordingly, I am not prepared to make the award requested by the applicant. Based on the objective seriousness of the respondent’s conduct in refusing the applicant’s request for accommodation, I find that an award of $5,000 for compensation for injury to dignity, feelings and self-respect is appropriate. I also find it appropriate to order that all of the respondent’s managerial employees take the eLearning module “Human Rights 101” that is found on the Ontario Human Rights Commission’s website at www.ohrc.on.ca and confirm completion of same in writing to the applicant within 90 days of the date of this decision.

ORDER

[10] The Tribunal orders as follows:

a. Within 30 days of the date of this Decision on Remedy, the respondent shall pay to the applicant $5,000.00 as compensation for injury to dignity, feelings and self-respect;