Tribunal Allows Timely Complaint About Rejection of Assistance Dog

The Complainant in Vanderhoek by Favell v. Strata Plan No. KAS742, Lavelle Vanderhoek, reports having depression and hearing loss. When her neighbour passed away and left her their dog, the Respondent Strata began raising issues. Vanderhoek filed a human rights complaint against the Strata for allegedly discriminating against her in services based on her mental and physical disability. The Human Rights Tribunal decided that the complaint was filed on time.

The BC Human Rights Code section 22 (1) requires human rights complaints to be filed within one year of the alleged contravention. According to section 22(2), if the complainant is alleging a continuing contravention, the complaint “must be filed within one year of the last alleged instance of the contravention.”

The Strata raised issues with the dog in mid-2017. According to Vanderhoeck, someone from the Strata said in October, 2017, that she would be sued if she did not get rid of the dog. Vanderhoek argued her case for keeping the dog before the Strata in a hearing during December, 2017. Then, in January, 2018, she was told she could keep the dog if she produced a “Guide Dog and Service Dog Certification” by no later than April 2, 2018. In September, 2018, the Respondents sent Vanderhoek a letter stating that the Strata voted against a bylaw change that would allow owners to have pets. Vanderhoek filed her complaint on March 18, 2019.

Tribunal Member Steven Adamson decided that the complaint was filed on time. This was based on the September, 2018 letter from the Strata constituting a new decision. The Strata also acknowledged its previous deadline of April 2, 2018 in the letter.

The Tribunal considered whether the events in 2017 to 2018 were part of a “continuing contravention” and ruled that they were.

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