When Discrimination is Not Prohibited: Housing Posted onAugust 24, 2017June 19, 2020/ Devry Smith Frank LLP Caleb Pheluong, a Vancouver resident, was served eviction papers once his landlord discovered that he intended to have his boyfriend stay over one night. The landlord expressed to him via text message that homosexuality was against her “Christian beliefs” and she could no longer have him living in her house. Is this discrimination? Sexual orientation is a protected ground under Human Rights Codes, and the landlord, in writing, expressed that his sexual orientation was the reason for his eviction. According to the B.C. Human Rights Code, no, it is not unlawful discrimination. And the answer would be no different in Ontario. Both Codes prohibit discrimination in accommodation and list sexual orientation as one of the grounds that are protected. This means, for example, that sexual orientation cannot be a reason for refusing to rent to a tenant. However, the Codes provide an exception for landlords who provide accommodation in dwellings that they also occupy. In Ontario, section 21(1) expresses that landlords who share either a kitchen and/or a bathroom with their tenant are exempt from the prohibitions on discrimination. Sharing a bathroom or kitchen with your landlord or their family takes you out from under the protection of the Human Rights Code and leaves you vulnerable to discrimination without legal recourse. Caleb fell victim to this loophole; he has no right under the law to remain a tenant in his present house or be compensated for the discrimination he faced. If, however, you fall outside this exception, you do have protection under the Code from such discrimination in accommodation. A recent Ontario Human Rights Tribunal decision awarded a couple $12,000 for their landlord’s discriminatory attitude and actions when he failed to accommodate their religious practices while he was re-letting the apartment they were vacating. The landlord’s refusal to agree to their requests, such as removing outdoor shoes before entering their prayer space, was held to be discrimination under the Code. Two very different legal outcomes from what appears to be acts of discriminatory conduct from a landlord towards a tenant. What these tenant situations illuminate is the difference in treatment of tenants who rent shared spaces with those who rent self-contained, private spaces. For information or assistance in regards to protections and legal recourse for human rights claims please contact one of our Human Rights Litigation Lawyers. By: Samantha Hamilton, Student-at-Law “This article is intended to inform and entertain. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” Related Posts Posted onOctober 31, 2019September 30, 2020/ Marty Rabinovitch Fired because of Race? Consider a Human Rights Claim This blog is co-written by our former articling student, Linda Noorafkan. In 2018, a group of eight Caucasian employees of the Spruce Hill Resort and Spa Ltd. (“the Resort”) in British Columbia made a complaint to the British Columbia Human Rights Tribunal (“the Tribunal”), in which they alleged that they had been terminated from [...] Read more Posted onJuly 23, 2019September 30, 2020/ Marty Rabinovitch Denied a Job Due to Lack of Canadian Work Eligibility? You May Have Been Discriminated Against If you have recently been denied a job due to a lack of proof of permanent eligibility to work in Canada, you may be entitled to compensation under Ontario human rights law. In a decision last year from the Ontario Human Rights Tribunal, Haseeb v Imperial Oil Limited 2018 HRTO 957, an employer (Imperial Oil) refused to [...] Read more Posted onJuly 4, 2017June 22, 2020/ Devry Smith Frank LLP The Legality of Refusing to Bake a Wedding Cake Because of Sexual Orientation By: Michelle Cook, Summer Law Student In Canada, it is illegal to discriminate against people on the basis of sexual orientation, especially in the case of commercial business services available to the public. However, a legal case challenging the ability to discriminate against individuals for their sexual orientation because of religious reasons is headed to [...] Read more Posted onJune 26, 2017June 22, 2020/ Devry Smith Frank LLP Challenging the Safe Streets Act By: Nicolas Di Nardo A law created in 1999 known as the Safe Streets Act is being challenged by the Fair Change Community Legal Clinic on the basis that it discriminates against people with mental health and addiction issues. Leading this dispute is Gerry Williams, along with the Fair Change Community Legal Clinic. Williams shares [...] Read more Posted onJune 26, 2017June 22, 2020/ Devry Smith Frank LLP Requiring Customers to Come to Stores Has Been Deemed Discriminatory By: Michelle Cook, Summer Law Student Could companies that require their customers to come into their physical stores be guilty of discrimination? A human rights adjudicator seems to think so. In Mills v Bell Mobility Inc, Canadian Human Rights Tribunal member Edward Lustig awarded $10,000 plus interest in compensation for Ms. Mills’ pain and suffering [...] Read more
