A small North Vancouver strata council has been ordered by the BC Human Rights Tribunal to pay an elderly resident $35,000 for not acquiescing to his request to build a hillside tram..The resident, 84-year-old Gerald Testar, lives in a detached home on a strata lot with his wife and claims he cannot leave the property due to disability..The tribunal says Testar’s home is unique due to it being “landlocked.” One must climb seven flights of stairs with a total 102 steps in order to leave the home, and — according to the decision — Testar’s health has declined to the point where he hasn’t left the property in two years..“I look out the window and I can't go shopping. I lack access to the meaning of the world out there. My wife Coralee had a stroke in the hospital and I am not able to visit her at all,” said Testar in his testimony.."I have lost my connection to community, including a cardiac rehabilitation program. I miss my friendships from that program, I feel isolated and I fight depression on a daily basis.”.Testar says he is afraid of dying if a medical emergency were to occur, as he weights more than 200 lbs and would have to be carried seven flights on a stretcher by paramedics..“In my opinion, it is medically dangerous for him to walk up or down the seven flights of stairs between the parking lot and his house,” reads a testimony from Testar’s doctor, further noting that his medical conditions have required several emergency trips to hospital by ambulance..“If a medical emergency was to arise in his house, it would be very difficult for the paramedics and fire rescue to access his house to extricate him safely.”.After Testar made his request in January 2020, strata proposed a chairlift as an alternative, arguing the tram would affect other’s use of the stairs and diminish the property’s views, as well as exhibit an unpleasant noise.. Hillside tramsExamples of residential hillside trams in BC. .Strata also proposed other options, such an an outdoor vertical life combined with walkways or ramps, which would reduce the steps by half, however, none were satisfactory. When strata refused his request for approval to build the specific hillside elevator tram, Testar filed a human rights complaint..Earlier this month tribunal member Amber Prince ruled that strata discriminated against Testar on the basis of disability, concluding his complaint was justified..Strata must now pony up $35,000 in compensation for “injury to his dignity, feelings, and self-respect,” and further “approve and build” a tram of Testar’s specific liking within six months..If strata needs longer than six months, Testar must give his approval..“No one should have to spend their golden years fighting with their strata to have their accommodation needs met,” wrote Price in her ruling.
