Valerie Clattenburg and her daughter, Melissa Clattenburg-Pace, had been evicted from Boutilier’s Glen Campground in Nova Scotia, in the summer of 2012 due to disputes around campground policies.
In their complaint, filed with the Nova Scotia Human Rights Commission, both mother and daughter, claimed they were discriminated against when they were evicted by the proprietors of the campground.
Clattenburg-Pace has a physical disability, the result of two car collisions. She suffers pain, has headaches, walks with a cane, has occasional temporary loss of consciousness and tires easily.
During the inquiry, board chair Walter Thompson heard from all parties, including Perry Boutilier and Lynn Collins, the proprietors of the campground.
Though Thompson determined there was no discrimination present in Clattenburg's eviction, he did find that Clattenburg-Pace was discriminated against when she was preemptively evicted based on the assumption that she would be unable to care for herself without the presence of her family nearby.
"The campground, albeit in good faith, unwittingly, without the intention to discriminate, in the end made a rash and somewhat arbitrary judgment about her ability to look after herself," wrote Mr. Thompson in his decision.
"While we all need support from time to time in our lives, it is not for our landlords to say that we cannot stay because they, the landlords, do not think the supports are adequate," said Thompson.
"It is for the individuals themselves to determine what they may need or not need and to the point where their disability is somehow actively interfering with the proper operation of a premises or the peace of other occupants, a landlord has little nothing to say about it."
Thompson ordered the proprietors of the campground to pay Clattenburg-Pace $3,000 – $1,000 for the discrimination, $1,000 for the loss of use of her trailer for the balance of the 2012 season and the use of the lot where it sat, and $1,000 to compensate her for the cost and trouble of having to take down and move her trailer.
Are you looking to invest in property? If you like, we can get one of our mortgage experts to tell you exactly how much you can afford to borrow, which is the best mortgage for you or how much they could save you right now if you have an existing mortgage. Click here to get help choosing the best mortgage rate
An independent human rights board of inquiry has found for the tenant in a case around discrimination.