Landlord's no-transfer policy constituted constructive discrimination against families with children requiring larger apartments.
The complainant, a tenant in the respondent's apartment building, requested a transfer to a two-bedroom apartment after becoming pregnant.
The respondent landlord denied the request, relying on a 'no-transfer' policy he had implemented after a previous altercation with the complainant.
The Board of Inquiry found no direct discrimination, as the refusal was motivated by personal animosity rather than the complainant's family status.
However, the Board found that the no-transfer policy constituted constructive discrimination under s. 11 of the Human Rights Code, as it had a disproportionate adverse impact on families with children who require more space.
The respondent failed to show that accommodating internal transfers would cause undue hardship.
The Board awarded the complainant $1,000 in general damages and ordered the respondent to cease the discriminatory policy.
Ward v. Godina, 1994 CanLII 18396
