Can a strata corporation refuse to accommodate a client who has a disability?

British Columbia, Canada


The following excerpt is from Pickett v. The Owners, Strata Plan NW 1047, 2020 BCCRT 468 (CanLII):

31. Section 8 of the Human Rights Code (Code) says that, unless there is a bona fide and reasonable justification, a person must not, because of a physical or mental disability, discriminate against another person regarding any accommodation, service, or facility customarily available to the public. The tribunal has determined that this duty to accommodate can apply to a strata corporation (see, for example, D. v. The Owners, Strata Plan VIS ----, 2017 BCCRT 68). Once a request for accommodation is made, a strata corporation must assess whether accommodation is required under the Code (see D, and Thompson v. The Owners, Strata Plan BS 1455 et al, 2017 BCCRT 27 at paragraph 38).

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