HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Michelle Pantoliano
Applicant
-and-
Metropolitan Toronto Condominium Corporation No. 570 and
York Condominium Corporation No. 531
Respondents
DECISION
Adjudicator: Naomi Overend
Indexed as: Pantoliano v. Metropolitan Condominium Corporation No. 570
Appearances
Michelle Pantoliano, Applicant ) Self-represented
M.T.C.C. No. 570 and Y.C.C. No. 531, ) Mark Arnold and Andrea Krywonis,
Respondents ) Counsel
1In the summer of 2008, the applicant, Michelle Pantolianio, attempted to introduce her then 10-month old daughter to swimming by taking her into the outdoor pool at her condominium complex. She was advised by the lifeguard on duty that babies in diapers (even swim diapers) were not allowed in the pool and asked to leave. Thinking that the lifeguard was in error, she attempted to return to the pool on two further occasions, with the same result.
2On the last occasion she learned that the rules of the complex prohibited children under two, and persons in diapers, from entering either of the complex’s two pools. She also learned that the rules prohibited children under the age of 16 from using the pools except during specified hours.
3The applicant filed this Application alleging that these rules constitute discrimination on the basis of family status, contrary to the Human Rights Code, R.S.O. 1990, C. H.19 as amended (the “Code”). The respondents defend the rules on the basis that they are necessary for the health and well-being of the residents, most of whom are senior citizens.
4For the reasons discussed below, I find that the respondents have failed to demonstrate that the rules prohibiting infants and restricting children from accessing the pools are reasonable and bona fide.
FACTS
5Altogether, eight witnesses testified: the applicant, five lay witnesses for the respondent and two persons called by the respondent to give opinion evidence on the health and safety issues raised by this case. Although the scientific evidence was vigorously challenged, the evidence with