International Day of Persons with Disabilities, December 3,2021
Kong v. Toronto Standard Condominium Corporation No.1959, The Intervenor,Toronto Standard Condominium Corporation No. 1862
Original decision , March 4, 2021.
Issue before the Condominium Authority of Ontario Tribunal {CAT} involved visitor parking within a LEED certified condo. A disability accommodation request was made to the directors to improve the existing, and signed 120v outlets by installing above ground level 2 chargers to accommodate the owner’s disability while allowing for community access. The applicant has a deeded parking spot.
CAT has jurisdiction’ over matters involving the Condominium Act, outlined by’ Ministry of Government and Consumer Services. In the case involving’ Kong V. TSCC 1959, CAT chose to determine if the applicant has a disability,this appears to fall outside their identified areas of jurisdiction. In its determination, CAT didn’t accept the applicant’s doctor’s letters.’
” 21) The OHRC Policy summarizes the Code as follows: The Code “protects people in Ontario with disabilities from discrimination and harassments under the ground of “disability”.”[1] The protection extends to specific areas of daily life including “housing”, “receiving services” or “using facilities”. The first step in determining whether and how the Code applies in this case is to determine if Ms. Kong has a disability. Ms. Kong maintains that she does. TSCC1959 and TSCC1862 dispute her claim.’ “‘
‘ The CAT decision in Kong V. TSCC 1959′ suggests a person with a disability requesting to be accommodated has created a barrier to accessibility due to personal choice. While not requiring the Respondent,nor the Intervenor to comply with the Code where the applicant cannot be accommodated without undue hardship.’