Condominium declaration restricting occupancy to single families constitutes constructive discrimination against group homes for ex-psychiatric patients.
The complainant alleged that the respondent condominium corporation discriminated against a halfway house for ex-psychiatric patients by seeking an injunction to enforce a declaration restricting occupancy to single families.
The Board of Inquiry found that while the respondent did not commit direct discrimination by seeking legal clarification in court, the declaration's single-family restriction constituted constructive discrimination against persons with mental disabilities requiring supportive housing.
The Board ordered the offending provisions to be read down to permit group homes for ex-psychiatric patients.
June Kafato v. Halton Condominium Corporation No. 4, 1991 CanLII 13169