Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 31, Residential Tenancies Act, 2006
Decision in favor of
Tenant
Ordered Amount
-
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Citation: Goodwin v Gillani, 2024 ONLTB 64544
File Number: LTB-T-014979-23
Application Date
Jan 2023
Hearing Date
May 2024
Order Date
Sep 27, 2024
The Landlord must, by December 31, 2024, redesign and apply for permits to construct and install a ramp to the main building front entrance that is compliant with the Building Code to make it accessible to the Tenant who is using a wheelchair. Alternatively, the Landlord may offer the Tenants an accessible ground floor unit in the residential complex, but cannot charge them a higher rent than their current unit.
The Tenants, Andrew Goodwin and Norma-Jean Goodwin, applied for an order determining that the Landlord, Irfan Investments, has substantially interfered with their reasonable enjoyment of the rental unit or residential complex, and has harassed, obstructed, coerced, threatened or interfered with them. The key issue is the Landlord's failure to make the building's front entrance accessible to the Tenant, Andrew Goodwin, who uses a wheelchair due to his disability.
Tenants can use the stairs inside the building, so the front entrance does not need to be made accessible.
Landlord refused to install a ramp, stating it would be onerous and impact parking and snow removal, but provided no evidence to support this.
Landlord failed to accommodate Tenants' disability as required under the Ontario Human Rights Code.
Tenants requested a ramp be installed at the front of the building to accommodate Andrew Goodwin's disability and mobility needs.
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