The tenant appealed an eviction order, arguing the Tribunal erred by failing to consider his drug addiction as a disability requiring accommodation under the Ontario Human Rights Code.
The Divisional Court found that while the addiction was a disability, the tenant's operation of a crack house substantially interfered with other tenants' rights.
The court held that accommodating such behaviour would cause undue hardship to the landlord and other tenants, particularly since the tenant denied dealing drugs, making accommodation impossible.
The appeal was dismissed and the eviction order upheld.
