Human rights application dismissed as evidence did not link new security system to applicant's electro-magnetic sensitivity symptoms.
The applicant, who suffers from electro-magnetic frequency sensitivity (EMS), alleged that the installation of a new security system at her condominium complex exacerbated her symptoms and that the respondents failed to accommodate her disability.
The Tribunal found that while the applicant has a disability under the Code, the objective evidence, including electro-magnetic field testing, did not establish on a balance of probabilities that the new security system was the cause of her symptoms.
The Tribunal also found no violation of the procedural duty to accommodate, as the respondents had sought medical information and taken some steps to address her concerns.
The application was dismissed.
Robinson v. York Condominium Corporation No. 365, 2014 HRTO 1059
