B.C. strata ordered to pay $35,000, build tram for senior who can't climb 102 stairs from his home
B.C.'s Human Rights Tribunal has ordered a strata to pay a senior thousands of dollars and build a tram to accommodate the man who can't climb the 102 stairs leading from his home.
The decision, posted by the HRT last week, determined Gerald Testar was discriminated against when strata did not accommodate his physical disability.
The tribunal heard Testar lives in a unique detached home that requires him to climb seven flights of stairs totalling 102 steps in order to leave.
According to the decision, the 84-year-old's "health has now declined to the point that he has a physical disability." His doctor wrote a letter to strata council supporting this, saying Testar has several serious medical problems, some of which limited his ability to exercise.
"This means that walking on a flat surface is an effort and safely climbing or descending 102 stairs may be next to impossible," his doctor wrote.
"His medical conditions have required several emergency transfers to the hospital by ambulance. The stairs make it impossible for paramedics and fire and rescue support to access his home without life threatening delays to his treatment."
Since he can't go up and down the stairs, Testar hasn't left his home in two years, the tribunal's decision said.
"I have lost my connection to community including a cardiac rehabilitation program," Testar told the tribunal in his testimony.
"I like to interact with people in the community, I like to shop. I have to rely on family to take out the garbage I do not have any independence."
In early 2020, Testar requested a tram be built so that he could leave his home, and presented a quote from Silverspan of just over $131,000. The other strata owners were reportedly against his proposal, however.
"The other owners say that a tram will negatively impact them, is not a reasonable request, and is not a necessary accommodation for Mr. Testar," tribunal member Amber Prince wrote in her decision.
Expressing concerns about the tram option, including the worry that it would need to follow the safety regulations of a commercial tram to be available to multiple dwellings, strata council proposed several alternatives. According to Prince's decision, those included an outdoor vertical lift combined with walkways and ramps, ramps to reduce the stairs by half, a powered outdoor chairlift fitted on existing stairs, and increased sitting areas on the landings of the existing staircases.
Testar's lawyer wrote to council saying the tram alternatives weren't viable, because they would require him to walk significant distances or squat to get on and off a chairlift.
The tribunal heard that, in a 2021 special general meeting, the owners voted in favour of an outdoor chairlift system, plus a possible elevated walkway. Each owner would pay $17,500 for the project.
After that vote, Testar's lawyer wrote back to council proposing each owner pay $17,500 towards the construction of the tram, and the Testars would pay the balance. Prince wrote in her decision there was no evidence that strata responded to that offer.
Ultimately, Prince agreed the chairlift wasn't a reasonable option for Testar, partially because he "has poor balance, dizziness and is prone to falls," which would make it difficult for him to get on and off the lift. Prince also determined Testar did have a physical disability, as defined in the Human Rights Code.
"Mr. Testar is adversely impacted by the stairs because of his physical disability. The stairs adversely impact him in a way that they do not for other residents who do not suffer from his physical disability," Prince wrote, adding that strata is responsible for managing the common property that provides the only access to Testar's home.
"The stairs limit his ability to take part in the life of the community on an equal level with others. The stairs pose a disability‐related barrier to full and equal participation in society."
The strata was ordered to pay Testar $35,000 as compensation for injury to his dignity, feelings and self-respect. It was also ordered to make all efforts to build a tram within six months.
CTVNews.ca Top Stories
More than 115 cases of eye damage reported in Ontario after solar eclipse
More than 115 people who viewed the solar eclipse in Ontario earlier this month experienced eye damage after the event, according to eye doctors in the province.
Toxic testing standoff: Family leaves house over air quality
A Sherwood Park family says their new house is uninhabitable. The McNaughton's say they were forced to leave the house after living there for only a week because contaminants inside made it difficult to breathe.
Decoy bear used to catch man who illegally killed a grizzly, B.C. conservation officers say
A man has been handed a lengthy hunting ban and fined thousands of dollars for illegally killing a grizzly bear, B.C. conservation officers say.
B.C. seeks ban on public drug use, dialing back decriminalization
The B.C. NDP has asked the federal government to recriminalize public drug use, marking a major shift in the province's approach to addressing the deadly overdose crisis.
OPP responds to apparent video of officer supporting anti-Trudeau government protestors
The Ontario Provincial Police (OPP) says it's investigating an interaction between a uniformed officer and anti-Trudeau government protestors after a video circulated on social media.
An emergency slide falls off a Delta Air Lines plane, forcing pilots to return to JFK in New York
An emergency slide fell off a Delta Air Lines jetliner shortly after takeoff Friday from New York, and pilots who felt a vibration in the plane circled back to land safely at JFK Airport.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
Last letters of pioneering climber who died on Everest reveal dark side of mountaineering
George Mallory is renowned for being one of the first British mountaineers to attempt to scale the dizzying heights of Mount Everest during the 1920s. Nearly a century later, newly digitized letters shed light on Mallory’s hopes and fears about ascending Everest.
Loud boom in Hamilton caused by propane tank, police say
A loud explosion was heard across Hamilton on Friday after a propane tank was accidentally destroyed and detonated at a local scrap metal yard, police say.