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Kristin Ley ley@cohenhighley.com Cohen Highley LLP 519-672-9330. HUMAN RIGHTS AND RENTAL HOUSING: DEVELOPMENTS AND ACCESSIBILITY. June 16, 2011. Human Rights Code. 5 social areas including accommodation (housing) and employment Discrimination Individual basis. Human Rights Code.
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Kristin Ley ley@cohenhighley.com Cohen Highley LLP 519-672-9330 HUMAN RIGHTS AND RENTAL HOUSING: DEVELOPMENTS AND ACCESSIBILITY June 16, 2011
Human Rights Code 5 social areas including accommodation (housing) and employment Discrimination Individual basis
Human Rights Code Quasi-constitutional Retroactive Source of legal duty to accommodate
Human Rights Tribunal of Ontario (HRTO) Adjudicative body Rules of Procedure; Forms
Recent Developments at the HRTO Procedures Applicants to prepare and file reply material Summary hearings: Respondent-initiated and Tribunal-initiated
Recent Developments at the Ontario Human Rights Commission (OHRC) Policy development Housing Mental health Accommodating disabilities E-learning tools Code cards
Landlord and Tenant Board Numerous cases involving Human Rights Code issues Tenant’s using Code as shield and sword Mental disabilities; physical disabilities Interpretation Guideline on Human Rights
Human Rights: Discrimination and Harassment Preventative measures i.e. information in welcome packages Post Code cards Understand obligation to investigate
Human Rights: Discrimination and Accessibility Procedural and substantive obligations Undue hardship Costs Outside sources of funding Health and safety requirements
Human Rights: Discrimination and Accessibility Plan ahead to eliminate barriers Address individual requests promptly and seriously Consider phased-in and alternative accommodations Use accessibility standards for the built environment as a guide Understand that Code applies retroactively and delay for time for compliance under retrofit provisions of Fire or Building Codes or compliance with standards under AODA not a defence to a human Rights application
Thank you! Kristin Ley 519-672-9330 ext 316 ley@cohenhighley.com