Yale v. Metropoulos

1992-10-20

Ontario Board of Inquiry

Jo-Anne Yale Complainant

v.

Sam Metropoulos and Helena Metropoulos Respondents

Date of Complaint: August 2, 1988

Date of Decision: October 20, 1992

Before: Ontario Board of Inquiry, R. Hartman, J. House and A. John

Appearances by: Jo-Anne Yale, on her own behalf F. Campbell, Counsel for the Commission Helena Metropoulos, on her own behalf Sam Metropoulos, on his own behalf

HOUSING ACCOMMODATION — PHYSICAL DISABILITY — rental accommodation denied on basis of blindness — INTERPRETATION OF STATUTES — definition of "with respect to the occupancy of accommodation" — COMPLAINTS — delay (unreasonable) in proceeding with complaint — DAMAGES — compensation for injury to dignity and self-respect

Summary: The Board of Inquiry finds that Sam and Helena Metropolous discriminated against Jo-Anne Yale because of her blindness by refusing to rent her an apartment.

Ms. Yale is blind and uses a guide dog. She was informed by a rental agency, Home Locators, of an available apartment at 49 Callender Street in July 1988. Ms. Yale phoned the given telephone number and spoke with Sam Metropoulos who, when he learned that she was blind, attempted to discourage her interest in the apartment. Mr. Metropolous agreed however that she could look at the apartment at 6 p.m. Ms. Yale travelled across the city, arrived at 6 p.m., and found no one there. She waited for almost an hour, when a neighbour advised her to go next door to 47 Callender Street, where the owners lived.

When Ms. Yale went to 47 Callender Street she was treated in a very rude manner by Helena Metropoulos, the mother of Sam Metropoulos. Sam Metropoulos was not at home. The Board of Inquiry accepts the evidence of other tenants that Helena Metropoulos was also responsible for dealing with tenants at 49 Callender Street. Helena Metropoulos refused to allow Ms. Yale to view the apartment and sent her away.

The Board of Inquiry finds that Ms. Yale was discriminated against because of her disability. It also finds that Sam Metropoulos discriminated willfully and recklessly because he made an appointment with Ms. Yale which he did not intend to keep, knowing that Ms. Yale was blind and had to travel a considerable distance to meet him.

The Board of Inquiry awards Ms. Yale $660 as compensation for the additional expense she incurred because of the discrimination. This amount represents the difference between the rent Ms. Yale paid for an apartment and the amount she would have paid at 49 Callender Street for the period of one year. The Board of Inquiry