Allergies Re: Disability (LTB)

From Caselaw.Ninja


TEL-66622-16 (Re), 2016 CanLII 100350 (ON LTB)[1]

6. In making a determination in this matter I must turn my mind to the Landlord’s obligation to accommodate the Tenant’s allergy to the chemical spray. This allergy could be considered a disability and the Landlord has an obligation to accommodate that disability to the point of undue hardship. However, that accommodation is only required if I accept the documentation as provided by the Tenant in relation to her medical concerns to the reaction form the spray.

7. There is no doubt the Tenant has several medical conditions including respiratory and cardiac concerns. The preparation sheet provided by the pest control agency states that if there are these types of concerns the Tenant would be required to remain out of the unit for an extended period of time if the spray is used. She was involved in a serious car accident and now suffers from injuries to her spine. The preparation sheet provided by the pest control agency requires that items in the unit be moved if the spray treatment is used. The Tenant cannot lift and move several items without causing concerns to these spinal injuries. There are other issues but they are not impacted by the concerns in this application.

8. The fact there are other health related concerns with regards to the chemical spray treatment, outside of the alleged allergy, also trigger the Landlord’s duty to accommodate the Tenant pursuant to the Human rights Code.

9. Based on the above information I find it would be reasonable for the Tenant to refuse access to the unit where a chemical spray was being used without the Landlord attempting other methods first. In this matter the Landlord is willing to try every other method first but wants the ability to use a spray treatment if nothing else works. While this is strictly a hypothetical issue at this time there may come a point where this will need to be addressed.

10. As a result of the fact there is no live issue at this point the Landlord’s application must be dismissed. Where there may be a concern in the future is if the Landlord is advised the only possible treatment would be a chemical spray treatment and the Landlord accommodates the Tenant’s disability by offering a remedy that will allow the Tenant to be housed outside of the unit until the issue has been resolved, and the Tenant refuses that accommodation. At that point the Landlord’s obligation to accommodate the disability would be discharged because the Tenant has refused the accommodation as provided by the Landlord to the point of undue hardship.

[1]

References

  1. 1.0 1.1 TEL-66622-16 (Re), 2016 CanLII 100350 (ON LTB), <http://canlii.ca/t/gxq8s>, retrieved on 2020-07-13