The applicant co-operative sought a writ of possession to evict the respondent, a member with a physical disability, for failing to keep her unit clean, damaging the unit, and allowing an unauthorized person to reside there.
The respondent argued the eviction violated her rights under the Human Rights Code and that the co-operative failed to accommodate her disability.
The court found no prima facie case of discrimination, noting the cleanliness issues stemmed from the respondent's choice to keep pets, not her disability.
The court upheld the eviction but adjourned the final order to allow the respondent time to find suitable alternative housing, imposing interim conditions including the removal of her pets.
