Board Rules Mobile Home Park Discriminated
Westphal Mobile Home Court Limited discriminated under the Human Rights Act when it refused to give a disabled man permission to build a storage shed larger than was allowed by the Woodbine Mobile Home Park's community guidelines and standards.
David Matthews of Lower Sackville claimed the decision by the park management firm prevented him from acquiring a mobile home in the Woodbine park. Mr. Matthews needed a larger shed to house a scooter which he requires for outdoor mobility.
In reaching her decision, independent board chair Darlene Jamieson said the park's property manager, Heather Scott, confirmed that the guidelines and standards were not uniformly enforced. "Based on Ms. Scott's own evidence, the rules are contradictory and applied inconsistently," wrote Ms. Jamieson.
The board concluded that park management had a duty to accommodate Mr. Matthews's disability and its failure to do so constituted discrimination. This was confirmed by management's inability to demonstrate that accommodating the request would have caused undue hardship for the company or other residents of the park, said Ms. Jamieson.
Westphal Mobile Home Court Limited has been ordered to pay Mr. Matthews $10,000 in general damages plus interest. The company must also provide sensitivity training to its employees on discrimination and accommodation for persons with disabilities. Park management may consult with the Nova Scotia Human Rights Commission about facilitators for the sessions. Park tenants are to be given a copy of the Nova Scotia Human Rights Act.
A complaint is referred to an independent board of inquiry when the Nova Scotia Human Rights Commission believes a prima facie case of discrimination is made after an investigation by a human rights officer. The chief judge of the provincial court selects a board chair from a roster and the commissioners ratify the nomination. The decision on the complaint is then in the hands of the independent board.
Evidence collected during investigation of a complaint is presented at the hearing by the commission's legal counsel. The complainant and respondent can make submissions and question witnesses. The board chair then decides whether discrimination has occurred.
All parties have a right to appeal decisions of boards of inquiry to the Nova Scotia Court of Appeal.