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Nanaimo woman awarded
September 20, 2020

Nanaimo woman awarded $35,000 after condo building refuses to accommodate wheelchair

A Nanaimo woman who uses a wheelchair has been awarded $35,000 in damages after the B.C. Human Rights Tribunal found her condo board’s refusal to make the building accessible made her a “prisoner in her own home.”

In a Sept. 11 decision, the tribunal found that 76-year-old Ada Jacobsen was discriminated against because of her disability. The tribunal ordered the Eagle Point Bayview complex in Nanaimo to begin the process of making the building wheelchair-accessible and to give financial compensation to Jacobsen for injury to her dignity, feelings and self respect.

“Ms. Jacobsen has essentially been a prisoner in her own home,” wrote tribunal member Grace Chen. “Her sense of independence has been significantly reduced. Her enjoyment of life has been significantly impacted. Each time Ms. Jacobsen wants to go somewhere, she has to plan ahead with one of her friends so they can assist her.”

Jacobsen did not have mobility issues when she moved into the building in 2003, but as her health declined, she started using a wheelchair in 2016.

Because of three steps in the hallway leading from her second-floor suite to the elevator, Jacobsen was only able to leave or enter her suite if two friends helped her out of the wheelchair, supported her while she slowly walked up or down the steps and retrieved the wheelchair.

She said a platform from the front door to the parking lot is too steep and she has previously lost control on the way down, rolling into the car of a friend who was waiting to pick her up.

Jacobsen started asking the strata for accommodation of her mobility issues in 2014, before she used a wheelchair. She requested a small portable ramp that could help her navigate the stairs independently.

Keep reading in the Vancouver Sun