Human rights application regarding accessible transit frequency dismissed; municipality accommodated to the point of undue hardship.
The applicant, who uses a motorized wheelchair, alleged discrimination on the basis of disability regarding the frequency of accessible bus service provided by the respondent municipality.
When the respondent increased overall bus service frequency to 20 minutes, it did not have enough low floor buses to provide 20-minute accessible service, resulting in accessible service remaining at 40-minute intervals.
The Tribunal found prima facie discrimination but concluded the respondent had accommodated the applicant to the point of undue hardship.
The Tribunal considered the respondent's ongoing fleet replacement program, the cost and delay in acquiring new low floor buses, and the availability of alternative transit services, ultimately dismissing the application.
Matthew Wozenilek v. The Corporation of the City of Guelph, 2010 HRTO 1652
