Dr. Giaccone

The applicant, who has multiple sclerosis, alleged that the respondent fitness club failed to accommodate her disability-related needs and engaged in reprisal.

The applicant requested accommodation regarding lighting in Zumba classes, keeping accessible areas clear, and the placement of a grab bar.

The Tribunal found that the applicant failed to participate in the accommodation process regarding the lighting, and that the respondent made reasonable efforts to keep the accessible areas clear.

However, the Tribunal found that the respondent failed to accommodate the applicant by deliberately refusing to move the grab bar to a suitable location.

The reprisal allegations were dismissed.

The respondent was ordered to move the grab bar, ensure its managing partner completes human rights training, post Code cards, and pay $3,000 for injury to dignity, feelings, and self-respect.

The respondents brought a motion to dismiss a human rights complaint for abuse of process.

The complainant had repeatedly requested last-minute adjournments on the first day of scheduled hearings, citing medical reasons stemming from a car accident.

The Board of Inquiry found that the complainant showed a complete disregard for the process by failing to notify the Board of his medical issues in a timely manner, despite agreeing to hearing dates.

Concluding that continuing the proceeding would be vexatious and oppressive to the respondents, the Board granted the motion and dismissed the complaint.