The applicant, a mother of a 10-month-old, filed a human rights complaint against her condominium corporations after being barred from the complex's swimming pools due to rules prohibiting children under two and persons in diapers.
The rules also restricted children under 16 to limited hours.
The respondents argued the rules were necessary for the health and safety of the predominantly senior residents, citing risks of waterborne illnesses like Cryptosporidium.
The Tribunal found the respondents' scientific evidence unpersuasive and concluded the risk of contamination was extremely low in a properly maintained pool.
The Tribunal held that the age and diaper prohibitions, as well as the restricted hours, constituted discrimination on the basis of family status and were not reasonable or bona fide.
The respondents were ordered to repeal the discriminatory rules and pay the applicant $10,000 for injury to her dignity, feelings, and self-respect.
