The applicant filed a human rights application alleging discrimination based on disability after his condominium corporation refused to allow him to widen his driveway for a second outdoor parking spot.
The condominium corporation had previously brought a Superior Court application against him for altering common elements without permission, during which the applicant raised his human rights and accommodation arguments.
The Superior Court ruled against him.
The Tribunal dismissed the human rights application under section 45.1 of the Code, finding that the substance of the application had already been appropriately dealt with in the prior court proceeding and that the applicant could not use the Tribunal to collaterally attack the court's decision.