The applicant, a not-for-profit housing corporation, sought a writ of possession for a second unit temporarily provided to the respondent, a tenant with a disability, under an interim agreement.
The respondent refused to vacate, arguing continued occupation was necessary to accommodate her disability due to issues with her primary unit.
The court found it had jurisdiction, that the temporary unit was not a tenancy, and that the duty to accommodate did not require the applicant to provide a second unit indefinitely, especially given the undue hardship to a not-for-profit housing provider.
The court granted the writ of possession, deferred for 30 days, and awarded partial indemnity costs to the applicant.
