The appellant landlords appealed a Board of Inquiry decision finding that their use of rent-to-income ratios to screen prospective tenants constituted constructive discrimination under the Human Rights Code.
The Divisional Court upheld the Board's findings that the sole use of such criteria disproportionately excluded protected groups and was not a bona fide requirement.
However, the Court amended the Board's forward-looking prohibition against using income criteria, noting that recent amendments to the Code and O. Reg. 290/98 now expressly permit landlords to use income information in specific ways.
