Accommodations and Landlord Tenant Board

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  • A couple months back, I attended the Law Society of Ontario’s event on accommodations at
    administrative tribunals, as part of the LSO’s AccessAbility week. Each presenter offered insight
    on the accommodation process in Ontario’s tribunals and presented a different perspective on the
    tribunal system, but there was an apparent consensus on at least one issue: that receiving
    accommodations can be inconsistent from tribunal to tribunal, and that no tribunal generally
    achieves the quality of accommodation of the Human Rights Tribunal of Ontario. This is
    problematic because it means that litigants with disabilities might be at risk of not receiving their
    accommodations at one of Ontario’s highest-traffic tribunals: the Landlord and Tenant Board.

    This issue is particular significant to us at Jasmine Daya & Co because many of our clients have
    temporary or permanent disabilities. It is overwhelmingly important that our clients are able to
    get the full accommodations that are required by law when they are pursuing a claim.

    In fact, the standard that public service providers such as Ontario’s tribunals must meet when it
    comes to their duty to accommodate people with disabilities is fairly high; the Ontario Human
    Rights Code requires that people with disabilities be accommodated to the point of “under
    hardship”. 1 The undue hardship cannot be minor or trivial. 2 Further, the burden to prove undue
    hardship lies on the service provider – in other words, when you go before one of Ontario’s
    administrative tribunals such as the Landlord and Tenant Board and ask for an accommodation,
    they must provide that accommodation or demonstrate a compelling reason why they cannot do
    so. 3

    Jasmine Daya & Co. has expanded our services to include Landlord and Tenant
    Services. We can advocate on your behalf not only to get the relief you seek before the Landlord
    and Tenant Board, but to help assure you receive the accommodations you are entitled to under
    law throughout the process. If you have any questions, call our team at 416-967-9100 or contact
    us online to schedule an appointment.

    3 British Columbia (Superintendent of Motor Vehicles) v. British Columbia (Council of Human Rights)