Decision in Student Housing Complaint

A recent human rights board of inquiry has ruled in favour of a Halifax man who complained he had been evicted from student housing because of his marital status.

John Christie alleged that the Halifax Student Housing Society evicted him from an apartment in Peter Green Hall in 1997 because he was in a common-law relationship and not legally married to his partner.

In the ruling, board chair Michael Wood wrote that Mr. Christie felt he was treated unfairly by the student housing society and that the eviction caused problems for his eight-year-old son who changed schools and day-care facilities.

"Dealing with Mr. Christie, his evidence was that he was upset and angry at the way he was treated by the respondent and the fact that he was required to move his family on short notice," Mr. Wood wrote in the decision. "This was obviously a disruption, particularly where a young child was required to move from the home he had become comfortable in."

The board ordered that Mr. Christie receive $1,500 in general damages for pain and suffering and $11,058.87 for actual expenses, including costs to lease another apartment following the eviction. The board also determined that it had the authority to award damages to Mr. Christie's common-law partner, who was not named in the complaint. However, no damages were awarded to her because of a lack of evidence about her losses. As well, the board of inquiry retained jurisdiction over the case to ensure that the residence changes its bylaws to comply with the province's Human Rights Act.

The inquiry was held on Sept. 14 in Halifax. Boards of inquiry are appointed under the Nova Scotia Human Rights Act and are the final stage in the human rights complaint process. Board orders can be appealed to the courts.