Now that summer is here many condo residents are enjoying the
use of swimming pools which form part of the common facilities
available for use by the residents of the condominium. A recent
case by the Ontario Human Rights Tribunal, Pantoliano v. MTCC
No. 570 and YCC No. 5311, considered whether two
condo corporations (who share a pool) could enforce rules that
restricted the hours during which children were allowed in the
pool, and prohibited children under the age of two and persons
wearing diapers from using the swimming pool.
The applicant was the mother of a ten-month old baby who was
asked to leave the swimming pool on numerous occasions on the
grounds that babies were not allowed in the pool. The majority of
the residents of both condominiums were senior citizens. The condo
corporations' position on the rule prohibiting children with
diapers from using the pool, was that it was necessary as there
were serious concerns about the potential health risks
