Medical Disability - Re: Impossible to Void Notice

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	1652
Page Categories:	[Defective Notice (LTB)]
Citation:	Medical Disability - Re: Impossible to Void Notice, CLNP 1652, <3y>, retrieved on 2024-11-23
Editor:	P08916
Last Updated:	2021/09/15

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TSL-87739-17 (Re), 2017 CanLII 142654 (ON LTB)

8. In her written submissions and in her testimony, the Tenant states, given her past experiences of persecution, her personal security and privacy is very important to her. The Tenant also states she lives with post-traumatic stress disorder (PTSD), hypertension, irregular heart beats and other conditions and, as such, is a person with a medical disability and the Landlord owes to her a duty to accommodate under the Human Rights Code, R.S.O. 1990, c. H.19 (the “Human Rights Code”). Indeed, the Tenant testified she agreed to provide RM with a key on September 1, 2017, which key would be held by RM and not available to any other agents of the Landlord, and, upon so doing, the Tenant testified she suffered a panic attack and provided corroborating medical evidence in this connection.

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29. As I stated during the hearing, and above, I accept the Tenant’s evidence going to her mental health and physical health issues and her stated reasons why she seeks to continue to withhold a duplicate key from the Landlord.

30. As the Tenant correctly pointed out in her written submissions, and in her testimony, the Landlord owes to her a duty to accommodate under the Human Rights Code. I say this as the evidence provided by the Tenant shows, on a balance of probabilities, she lives with PTSD arising out of her past persecution in the former Yugoslavia and such condition, coupled with her experiences with the superintendent at issue, whom she associates with the agents of persecution who caused her to flee to Canada and the Tenant’s view of her home as a personal sanctuary, directly leads her to refuse to provide the Landlord with a duplicate key.

31. In my view, what the Landlord’s duty to accommodate means is that the Landlord must make every reasonable effort possible, to the point of undue hardship, to accommodate the Tenant, given the Tenant’s disability and her concerns about the superintendent at issue. However, this does not mean that the Landlord must be exposed to significant and ongoing liability and the other residents of the building, especially those living in units near the unit, must be exposed to the stated risks arising out possible emergencies in the unit. The issue becomes whether or not the evidence satisfies me that the Landlord met its obligation with respect to accommodation under the Human Rights Code.

32. The Tenant states in her written submissions, and she made this clear during the hearing, she trusts and has a good relationship with RM—the Landlord’s Administration Manager. RM testified, and this was not disputed by the Tenant, he advised the Tenant he is willing to accommodate the Tenant by keeping a duplicate key to the lock at issue on his person and to ensure no one else has access to the key. RM added he went further by agreeing, upon receiving the Tenant’s request, to meet with her to show that he remains in sole possession of the key.

33. RM testified he is willing to accommodate the Tenant in this fashion notwithstanding the liability involved in so doing as the key to the unit, while on his person, will not be available to the Landlord’s staff in the residential complex in the event of an emergency when the Tenant is not in the unit and RM is not near the complex.

34. For the reasons stated in paragraphs 24 and 25, above, in my opinion RM’s proposal to the Tenant, which still exposes the Landlord to some liability, amounts to accommodation of the Tenant’s disability to the point of undue hardship.

35. As the Landlord is not seeking termination of the tenancy, it is not necessary that I consider relief from eviction pursuant to section 83 of the Act.