Question from john, Can I File a Human Rights Complaint Against My Landlord for Evicting Me Due to My Child’s Noise in Canada?
Answer from AI:
In Canada, the law generally protects tenants from discrimination based on family status, which includes having children. This protection is provided under the Canadian Human Rights Act and various provincial human rights codes. If you believe you have been unfairly evicted because of the normal noise your child makes, you may have grounds to file a human rights complaint.
Legal Protection for Tenants
The Canadian Human Rights Act prohibits discrimination on the grounds of family status. This means that landlords cannot discriminate against tenants because they have children. Normal noise from children, especially during the day, is generally considered a part of life and not a valid reason for eviction.
Human Rights Complaint Process
If you believe you have been discriminated against, you can file a complaint with the Canadian Human Rights Commission or your provincial human rights tribunal. The process typically involves:
- Filing a written complaint detailing the alleged discrimination.
- The commission or tribunal will review the complaint and decide whether to proceed.
- If the complaint proceeds, there may be a hearing where both parties can present their case.
- The commission or tribunal will make a decision and may order remedies such as compensation or reinstatement of tenancy.
Relevant Cases
While specific cases may vary, a relevant case is Walmer Developments v. Wolch, where the Ontario Court of Appeal ruled that a landlord could not evict a tenant because of the noise her children made. The court found that the noise was normal for children and that the eviction would have been discriminatory.
Seeking Legal Advice
It’s important to consult with a legal professional if you believe you have been discriminated against. They can provide personalized advice based on your specific circumstances and help you navigate the complaint process.
Remember, this information is a general guide and may not apply to your specific situation. Laws can vary by province and individual circumstances can greatly affect legal outcomes. Always consult with a legal professional for advice tailored to your situation.
The answer is written by AI.
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Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.
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