a. |
The respondents shall jointly and severally pay the applicants $5,000.00 as monetary compensation for the damage to their dignity, feelings and self-respect within 30 days of the date of this Decision. |
b. |
Post-judgment interest shall be at the rate of 2.0% if the above amount is not paid within 30 days of the date of the Decision. |
• | To adopt a formal policy, which may be enumerated in its bylaws or rules, requiring all current and prospective directors to undertake an educational requirement in the area of corporate governance, such as the CCI “Condo 101” and “Condo 102” courses, as a condition of being elected to office. |
• | To adopt a formal policy, enumerated in its bylaws or rules, requiring all current and prospective directors to commit and agree to a Professional Code of Conduct as a condition for their eligibility to be elected and hold office, such as the Directors’ Code of Ethics published by CCI. |
• | To adopt a formal policy, enumerated in its bylaws or rules, requiring all service providers and agents of the corporation to provide all documents (e.g., quotes, estimates, reports and contracts) in a fully accessible format, where reasonably possible, as a condition of engagement; |
• | In a timely manner, to require its Directors to “obtain and receive awareness and sensitivity training with respect to the AODA and the Human Rights Code via the Ontario Human Rights’ Commission’s eLearning module “Human Rights 101. |
The applicant also alleged that the respondent Pal/Max Property Management Inc failed to comply with the following settlement terms: | |
• | to require its employees to take the Human Rights 101 and other related e-training courses provided by the Ontario Human Rights Commission and to have all its property managers study the RCM [Registered Condominium Manager] courses provided by ACMO. |
• | The directors have now all attended the the Condo 101 and Condo 102 courses. |
• | Pal/Max confirmed that their employees and managers had taken the required training, that PalMax was “ACMO certified” and all its property managers had completed or were completing their RCM. |
• | The corporation submited that the Code of Ethics requirement has been enumerated in the rules, and the directors have signed the Code of Ethics. |
• | It stated that it has implemented a rule requiring all service providers and agents of the corporation to provide all documents (e.g., quotes, estimates, reports and contracts) in a fully accessible format. |
• | The corporation sent a letter to the offender about his comments at the AGM. |
1. |
The parties agree the applicant
has a medical condition, the symptoms of which are treated by the use
of a hot tub which the applicant owns and has installed on her
exclusive use common element. |
2. |
The respondent shall permit the
hot tub to remain in its current position to accommodate the needs of
the applicant, on the following conditions: |
• | She is the only person who may use the hot tub. |
• | If and when she intends to sell the unit, the hot tub must be removed from the exclusive common area before the property is listed on the market and will be removed at the applicant’s expense before any showings of the unit are permitted. It will be made clear to any selling agent that the hot tub was not sanctioned by the board of directors and that the hot tub will not be sold with the unit. |
• | pay the applicant the sum of $12,000 in respect of compensation for loss arising out of the infringement of his rights, including injury to dignity, feelings and self-respect, within 60 days of the date of this Decision; |
• | purchase, install, and maintain a semi-permanent (removable) ramp at the front entrance of the applicant’s town house according to the occupational therapist’s recommendations by April 1, 2010; and |
• | within three months of this Order, retain the services of a human rights consultant in order to create and establish a human rights policy and complaint mechanism. |
4. |
The parties agree that the
negotiations leading up to and relating to
this Agreement are strictly confidential, and that the Applicant, Maria
Morley, shall [sic], without prior written approval of the Respondent,
disclose the content of these negotiations and settlement documentation
to anyone. |
5. |
The parties also agree not to provide copies of the Agreement, or otherwise make the Agreement available to anyone. Nothing in this paragraph shall prohibit disclosure of information relating to the Agreement as follows: (I) to the counsel or accountants of the parties; (II) as may be required by law, or by judicial process or order or in response to an inquiry by a governmental agency. |
1. |
the applicant's Request that counsel for the respondents be ordered not
to represent the respondents because of alleged conflict of interest, (denied) |
2. |
and the respondents’ Requests that the Application be dismissed “in whole, or alternatively, dismissed in part” (denied) and |
3. |
for a summary hearing. (granted) |