Condominium corporation failed to accommodate wheelchair user's pool access, but damages denied due to complainant's behaviour.
The complainant, a wheelchair user, alleged that her condominium corporation discriminated against her by refusing her access to the swimming pool unless she showered in the pool area.
The Board of Inquiry found that the shower area was not accessible to the complainant without a special bench, which was not provided until later.
The Board held that the condominium corporation failed to reasonably accommodate the complainant, as allowing her to shower in her own unit would not have caused undue hardship.
However, the Board declined to award damages due to the complainant's abusive behaviour and the lack of actual loss, ordering only that wheelchair users be permitted to shower in their units.
Munsch v. York Condominium Corp. No. 60, 1992 CanLII 14246
