Duty to Accommodate (LTB)
TSL-74673-16 (Re), 2016 CanLII 71617 (ON LTB)[1]
16. In Walmer Developments v. Ava Wolch, (2003) 2003 CanLII 42163 (ON SCDC), 67 O.R. (3d) 246, a case involving schizophrenia, the Divisional Court concluded that landlords are required to accommodate the needs of disabled tenants to the point of undue hardship.[2] Accordingly, the Board, when exercising discretion under section 83 of the Act, must have regard to a landlord’s obligations under section 17 of the Ontario Human Rights Code.
17. In Walmer v. Wolch the tenant’s behaviour was acceptable so long as she was on her medication. In addition, the tenant requested reasonable accommodation from the Landlord, specifically, that the Landlord immediately inform the tenant’s relatives if the tenant’s conduct became disturbing. The court also stated that if the tenant’s behaviour did not improve promptly, the Landlord could proceed under what was then the Tenant Protection Act.
References
[1] <ref name="Walmer"> Walmer Developments v. Wolch, 2003 CanLII 42163 (ON SCDC), <https://canlii.ca/t/5z8k>, retrieved on 2022-05-05
- ↑ 1.0 1.1 TSL-74673-16 (Re), 2016 CanLII 71617 (ON LTB), <https://canlii.ca/t/gv8dx>, retrieved on 2022-05-05
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedWalmer
