Housing

When there’s a will, there is a way!
Supreme Court declares Henson Trusts not to be considered assets… for now

January 28th, 2019 by Celia Chandler

On Friday, January 25, 2019, the Supreme Court of Canada released a very important decision for:

  1. people with disabilities who have or will inherit money;
  2. people who are leaving money to people with disabilities; and
  3. housing providers which calculate rent subsidies.

In a decision referred to as S.A. v. Metro Vancouver Housing, the Supreme Court decided that the money left for SA in a Henson Trust is not considered an asset for the purposes of determining eligibility for Metro Vancouver Housing Corporation (MVHC) rental subsidy.

Continue reading “When there’s a will, there <em><u>is</u></em> a way! <br/> Supreme Court declares Henson Trusts not to be considered assets… for now”

The ‘right’ to cannabis in housing

October 25th, 2018 by Claudia Pedrero

This article was first published on rabble.ca

With the arrival of legal cannabis last week, Canadians are now free to consume and — in some provinces — cultivate cannabis at home. This new freedom has come with many questions around the extent to which governments and property owners can restrict consumption. Does cannabis legalization mean that people have a protected right to smoke and grow cannabis? What about rules that seek to limit this freedom?

These questions cropped up in human rights cases across the country once medical cannabis became legal. With the legalization of cannabis, it is worth looking at how restrictions on recreational cannabis interact with the obligations of service providers such as landlords to accommodate medical cannabis users.

Continue reading “The ‘right’ to cannabis in housing”

Striking a Balance: The Case of the Guide Dog and the Taxicab

October 3rd, 2018 by Brynn Leger

What do you do when human rights of one person compete with another’s? Employers, housing providers, and other public service providers have a duty to accommodate those with disabilities under the Ontario Human Rights Code (the Code). Sometimes, however, these obligations lead to conflict between multiple people in need of accommodation. An example of this that has been felt by housing providers and employers is the tension between persons with service animals and other persons with allergies. Some people in need of accommodation rely on service animals to assist them. But people suffering from allergies to dogs can’t be expected to live and work in an environment that does not accommodate their needs. How does an employer or a housing provider address these competing obligations to accommodate these persons in a fair manner that complies with the Code? Continue reading “Striking a Balance: The Case of the Guide Dog and the Taxicab”

Legalization of Cannabis: Important Considerations for Housing Providers & Employers

September 14th, 2018 by Safia Lakhani

With the impending legalization of cannabis, we have received requests from a number of housing providers to assist in developing policies that deal with the use and growth of cannabis in units. We have also received requests from employers around policies that prohibit the use of alcohol and drugs in the workplace. While policies should be crafted to suit a particular workplace or residence, below are a few considerations that employers and housing providers should bear in mind when creating rules around cannabis: Continue reading “Legalization of Cannabis: Important Considerations for Housing Providers & Employers”

Client Profile: Bread and Roses Co-operative Homes

June 27th, 2018 by Iler Campbell

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Bread and Roses Co-op is a non-profit housing co-operative located in downtown Kitchener.

The co-op, established in 1990, includes a provincially designated heritage building that was built in 1879 as a button factory. Before being renovated to house 21 of the co‑op’s 66 units, the building was variously used for shirt manufacturing, as a barracks during the First World War, and for manufacturing felt, mattresses and electrical supplies. It is one of the most significant heritage landmarks in Kitchener and is the only remaining industrial building in Kitchener with a peaked roof. The heritage building is joined to a modern six story building that contains 45 apartments.

Bread and Roses’ founders were ahead of the curve with their vision of converting an old industrial building into housing in downtown Kitchener. In 1990, few people lived downtown by choice. That’s changed. Kitchener’s downtown is now a trendy, upscale address and the co-op is a bulwark against gentrification. Continue reading “Client Profile: Bread and Roses Co-operative Homes”

Think your waiver has you covered? It might not.

May 18th, 2018 by Elliot Fonarev

Chances are your organization has dealt with waivers if your services have the potential to create injury or liability to your clients or customers – for example, if you operate sports facilities or provide access to a physical space with potential hazards. If so, a recent decision of the Ontario Superior Court of Justice on the topic of waivers may interest you. It highlights that documents that release liability should be drafted very specifically to make it clear which legal rights are being waived.

Continue reading “Think your waiver has you covered? It might not.”