John Anderson

The Board of Inquiry issued a supplementary decision regarding the implementation of a previous order requiring the Barrie YMCA to construct a Women's Plus facility comparable to the Men's Plus facility.

The parties agreed to a revised construction schedule and renovations to the Men's Plus facility to ensure comparability.

The Board ordered that all its decisions be posted on the YMCA's membership bulletin board until construction is completed.

However, the Board declined to order an immediate enforcement mechanism that would convert the Men's Plus facility to a Women's Plus facility in the event of further delays, noting it was not part of the original agreement, though it left open the possibility of such an order if future delays are attributable to the YMCA.

The Board of Inquiry issued a supplementary decision regarding the implementation of a previous order requiring the Barrie YMCA to construct a Women's Plus facility comparable to its Men's Plus facility.

The parties agreed to a revised construction schedule and renovations to the Men's Plus facility.

The Commission and complainants sought orders requiring the posting of the Board's decisions and an enforcement mechanism converting the Men's Plus facility if construction was delayed.

The Board ordered the posting of its decisions but declined to order the enforcement mechanism at this time, noting it was not part of the original agreement and could be punitive, though it left open the possibility of reconsidering if future delays occurred.

The complainants and the Ontario Human Rights Commission alleged that the YMCA of Barrie failed to comply with a previous Board of Inquiry order regarding the posting of a decision and the provision of comparable facilities for women.

The adjudicator found that the late posting of the decision was an unintentional error and required no further order.

Regarding the comparability of the proposed Women's Plus facility to the Men's Plus facility, the adjudicator found that conflicting measurements and plans necessitated reconvening the hearing to address the outstanding issues.

The Board of Inquiry reconvened to address two implementation issues arising from a previous decision finding that the Barrie YMCA's facilities discriminated against women.

The complainants and the Commission alleged that the YMCA failed to post the decision as ordered and failed to provide architect's plans for a comparable Women's Plus facility.

The adjudicator found no breach regarding the posting of the decision, noting the delay was an error and the YMCA offered to extend the posting period.

Regarding the comparability of the facilities, the adjudicator directed that the hearing reconvene to address conflicting evidence on the net area of the proposed spaces.

The complainants alleged that the Barrie YMCA discriminated against them on the basis of sex by offering a premium 'Membership Plus' category and superior change room facilities exclusively to men.

During the hearing, the respondent conceded that its facilities infringed section 1 of the Human Rights Code and waived its right to assert any defence.

The Board issued a consent order requiring the respondent to construct a comparable women's premium change facility, pay general damages of $10,000 to one complainant and $8,000 to the other, and post the decision for its membership.

Two female members of the Barrie YMCA filed human rights complaints alleging sex discrimination because the facility offered a premium 'Membership Plus' category exclusively to men.

This premium membership provided access to a separate change facility with superior amenities, including a whirlpool, steam room, and towel service, with no comparable facility available to women.

During the hearing, the parties reached an agreed statement of facts and the respondent conceded that the unequal facilities infringed section 1 of the Human Rights Code.

The Board issued a consent order requiring the YMCA to construct a comparable premium facility for women, pay general damages of $10,000 and $8,000 to the respective complainants, and post the decision within the facility.