Catherine Frazee

The complainant, who uses a wheelchair due to muscular dystrophy, alleged that the respondent movie theatre discriminated against him by failing to provide wheelchair-accessible facilities.

The theatre required him to enter through a back door and sit in the aisle, which was uncomfortable and undignified.

The Board of Inquiry found that the theatre discriminated against the complainant and failed to accommodate him to the point of undue hardship.

The respondents were ordered to pay $3,000 in damages and to implement a phased renovation plan costing up to $60,000 to make the theatre accessible.

The complainant, who uses a motorized wheelchair, alleged discrimination when she was unable to find a designated handicapped parking space at the respondent's shopping plaza and was rudely told to leave a fire route by an employee.

The Board of Inquiry found that the failure to provide handicapped parking constituted adverse effect discrimination in the provision of services.

The Board rejected the respondent's arguments that the lack of a municipal by-law requiring such parking excused them from the duty to accommodate.

The Board ordered the respondent to provide a designated handicapped parking space and to pay the complainant $1,000 in damages.