Smoke and vapour
Step 3: Solutions
Here’s what to do now that you’ve described your issue.
Learn about human rights accommodations under the Ontario Human Rights Code
Take a moment to review the information available on the Ontario Human Rights Commission’s website so you can understand if you need accommodation under the Human Rights Code.
You may also want to review information on our website regarding the Ontario Human Rights Code and your condo’s governing documents.
Request an accommodation from your condominium corporation
Your next step is to write to your condo board or manager to request an accommodation. Typically, your condo board or manager will reach out to you to discuss your request after they have received it.
It is important for you and your board to work collaboratively to come up with an accommodation that will meet everyone’s needs. You should participate in discussions about potential solutions with your corporation.
Contact the Human Rights Legal Support Centre
You may want to consult the information available through the Human Rights Legal Support Centre if your condo does not grant your accommodation request. The HRLSC is a not-for-profit provincial agency that provides free legal assistance to individuals who feel they have experienced discrimination under the Human Rights Code.
The HRLSC may assist you in working with your condominium corporation to resolve your disagreement with your condo. If needed, they might assist you in filing an application with the Human Rights Tribunal of Ontario.
Contact the Human Rights Tribunal of Ontario
The HRTO is a tribunal that resolves cases dealing with discrimination and harassment under the Code. Consider filing an application with the HRTO if you have followed the steps above and your condo still refuses to provide you with accommodation. You may wish to seek legal advice if you need assistance filing an application with the HRTO.
File an application with Condo Authority Tribunal
You may be able to file an application with CAT depending on the type of issue you are experiencing. The CAT can only hear Human Rights Code related issues if those issues are related to a dispute that falls within its regular jurisdiction.
You may not be able to file an application with the Tribunal if:
- The dispute does not relate to unreasonable smoke and vapour or to provisions in your condo corporation’s governing documents dealing with smoke and vapour.
- There is a decision or order from the HRTO that deals with the same issues