Simon's Legal Resources

Human Rights (Ont) - Accomodation (Residential)

. Fulton v. Guan et al [owner-occupied]

In Fulton v. Guan et al (Div Ct, 2026) the Divisional Court allowed an HRTO JR, this brought against "the decision of the Human Rights Tribunal of Ontario .... dismissing his application", this grounded in disability (blindness) regarding residential accomodation. The application was denied on the HRC s.21(1) ['Residential accommodation - Shared accommodation'] exception which the applicant challenged under Charter s.15 ['discrimination'].

Here the court considers the HRC category of 'residential accomodation', and it's s.21(1) exception for shared accomodation:

[21] To achieve its objectives, the Code places limits on the behavior of private individuals. Living accommodation is an area to which the right to equal treatment applies. Subsection 2(1) of the Code provides:

2 (1) Every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status, disability or the receipt of public assistance.

[22] However, subsection 21(1) of the Code excludes certain accommodation from the right to equal treatment. It provides:

21 (1) The right under section 2 to equal treatment with respect to the occupancy of residential accommodation without discrimination is not infringed by discrimination where the residential accommodation is in a dwelling in which the owner or his or her family reside if the occupant or occupants of the residential accommodation are required to share a bathroom or kitchen facility with the owner or family of the owner.