Winnipeg Free Press (Newspaper) - February 22, 2014, Winnipeg, Manitoba
C M Y K PAGE A11
winnipegfreepress. com MANITOBA WINNIPEG FREE PRESS, SATURDAY, FEBRUARY 22, 2014 A 11
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A HUMAN rights case involving a senior and the delays
accommodating her disabilities by a life- lease condo
landlord has been dismissed.
Adjudicator Peter Sim ruled Cornerstone Housing Corp.
met its obligations to reasonably accommodate the needs
of 85- year- old Dorothy Englot, in a decision released Friday.
At issue was to what extent Cornerstone disregarded the
stated needs of the disabled tenant. Englot moved into the
new condo unit in North Kildonan in 2011 with the understanding
her mobility issues would be addressed.
But she had to endure lengthy delays before aids such as
grab bars and a bathroom lift chair were installed. She was
unable to use the toilet and bathtub for nearly a year and
undertook more than $ 10,000 in renovations on her own. The
Manitoba Human Rights Commission argued Cornerstone
did not take adequate steps to determine Englot’s needs and
accommodate them. To meet most of her needs, Cornerstone
waited until after the condo suite was built and ready
for occupancy.
But Sim, a lawyer the province appointed to adjudicate,
said accommodations only have to be reasonable, not perfect,
and determined Cornerstone had acted reasonably. He
also said not all the complainant’s needs were made clear to
Cornerstone.
Cornerstone is a non- profit corporation owned by a group
called the Association of Reformed Christians in Action. Its
board members are volunteers.
The human rights commission of inquiry decision marks
a rare defeat for the Manitoba Human Rights Commission.
The commission expressed disappointment in the adjudicator’s
decision.
Azim Jiwa, commission executive director, said the case
had potential to break new ground in accommodation rights
for seniors with mobility issues at a time Canada faces an
increasingly older population.
“ We were hoping there would be greater recognition for
the rights of disabled individuals,” Jiwa said.
The commission is studying whether to seek a judicial review.
Its decision is expected within a week.
A judicial review is where the court looks at such things
as whether the law was applied correctly, or whether the
conclusion has been reasonably reached.
“ We haven’t gone regularly to a judicial review when
we’ve lost a case, but we feel this particular issue is important,”
Jiwa said.
bill. redekop@ freepress. mb. ca
Senior’s
rights not
violated:
adjudicator
Case brought by panel
against firm dismissed
By Bill Redekop
WINNIPEG FREE PRESS FILES
Dorothy Englot had claimed her issues were not addressed.
A_ 11_ Feb- 22- 14_ FP_ 01. indd A11 2/ 21/ 14 9: 00: 57 PM
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