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10 C.H.R.R. D/6349 (1989)
Dudoward v. Yadlos

handle is hein.journals/chhr10 and id is 949 raw text is: CANADIAN HUMAN RIGHTS REPORTER BRITISH COLUMBIA / ACCOMMODATION / RACE B.C.Human Rights Council Indexed as: Dudoward v. Yadlos Volume 10, Decision 946 Paragraphs 45020 - 45027 October 1989 B.C. Council of Human Rights Decision under the BRITISH COLUMBIA HUMAN RIGHTS ACT, S.B.C. 1984, c. 22 Ruth Dudoward Complainant v. Edward C. Yadlos and Anne Marie Yadlos Respondents Date of Decision: June 29, 1989 Before: Appearances by: Lorna R. Barr Ruth Dudoward appearing on her own behalf Edward C. Yadlos and Anne Marie Yadlos appearing on their own behalf Summary: The B.C. Human Rights Council dismisses the complaint of Ruth Dudoward in which she alleged that she was discriminated against because of her race when she was re- fused the rental of an apartment. Ruth Dudoward saw an advertisement for an apartment and phoned to inquire about it on December 3, 1987. Ms. Dudoward alleges that she was asked by the person who an- swered the phone if she was a native Indian and when she said she was the man told her that the apartment was not available. The Council dismisses the complaint on the grounds that the identity of the person on the phone was not established, and consequently the complaint against Edward and Anne Marie Yadlos is unproven. 45020 The complainant, Ruth Amy Dudoward, alleges that on December 3, 1987, the respondents, Edward Clifford Yadlos and Anne Marie Yadlos, registered owners of 584 W. 16th Avenue, City of Vancouver, Lot 4, Block 500, District Lot 472, Plan 723, refused to rent a suite to her because she is an Indian, and that such conduct contravenes s. 5 of the Hu- man Rights Act, S.B.C. 1984, c. 22 (as amended) on the ba- sis of race and ancestry (Exhibit No. 1). The respondents deny these allegations. 45021 The relevant provision of s. 5 of the Human Rights Act (the Act) is as follows: 5. (1) No person shall (a) deny to a person or class of persons the right to occupy, as a tenant, space that is in any way represented as being available for occupancy by a tenant... because of the race... ancestry... of that person or class of persons.... 45022 The complainant testified that she had been actively looking for suitable rental since July 1987. She said that she saw the following advertisement in the December 3, 1987 edition of a Vancouver newspaper (Exhibit No. 5): 2 BR Comp. furn, 16th & Cambie. $550 + 2 Util. 875-8584 The complainant testified that, at about 2:00 o'clock that af- ternoon, she telephoned the number in the advertisement and a man answered the telephone. She said, I asked if the suite was still for rent, and he said it was. This was 2:00 o'clock in the afternoon. And then his next question was, For how many people? and I said, My- self, alone. And then his next question was, What na- tionality are you? I said, What difference does it make? and he said, Are you a Native Indian? I told him I was, and then he turned around and said the place was rented and hung up on me. 45023 The complainant said that she and her son were staying at her sister's at the time and they were there when she made the telephone call. She said her sister, Mary Jack- son, telephoned the same number and was told that the place was rented. The complainant said that this was the only advertisement she responded to that day. 45024 Mary Rose Jackson, the complainant's sister, said she was present when the complainant made the telephone call. Jackson said, ... all I heard was her conversation, and she asked if it was rented, and then I heard her ask if her na- tionality did make a difference.... Jackson said she tele- phoned the same number a few minutes later, and a gentle- man answered; she asked if the suite in the paper was rented and was told that it was. 45025 The testimony of Edward Clifford Yadlos and Anne Marie Yadlos, co-owners of the relevant property, estab- lishes that they placed the advertisement to which the com- plainant responded (Exhibit No. 6) and that they used the telephone number which the complainant believes she dialed. Edward Yadlos, however, does not recall any tele- phone conversation with the complainant and denies that he would say something like that because, I'm not that type of person. He said that they had rented premises to persons from several racial minority groups including an Indian, Linda Rowan. Rowan had rented a house that he owned in Edmonton for six months form late 1986 to early 1987 (Ex- hibit No. 7). He said Rowan left because she moved away from Edmonton. Edward Yadlos also testified that Ann Auld, a university student, had viewed the suite in question in the morning of December 3, 1987, and had agreed to rent it for herself and another university student, Jane Magnusson. Magnusson was in classes at the time and it was agreed that Auld and Magnusson would return in the evening to sign the formal rental agreement, which they did (Exhibit No. 9). Edward Yadlos stated that anyone who enquired about the Cite: 10 C.H.R.R. D/6349 Copyrighted material: do not photocopy without permission. ISSN 0226-2177

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