North Vancouver strata ordered to build hillside tram for senior: tribunal | Daily Hive

Example of a residential tram for a hillside. (Silverspan Trams)

A small strata comprised of four strata owners in the Deep Cove neighbourhood of the District of North Vancouver is now required to build a hillside tram for the accessible needs of one of its senior residents with a disability.

In a ruling earlier this month, BC Human Rights Tribunal member Amber Prince sided with 84-year-old Gerald Testar, who filed a human rights complaint against his strata almost exactly two years ago, when they refused to install a tram to his specifications.

Prince states Testar’s complaints are justified, agreeing that the strata discriminated against him by not accommodating his unique accessibility needs.

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The order requires the strata to pay Testar $35,000 in compensation for “injury to his dignity, feelings, and self-respect,” and approve and build a tram to Tester’s requested specifications within six months, with any deadline extension requiring the approval of Tester.

As of March 2022, BC-based Silverspan Trams estimated a tram would cost $151,000 to install, plus potentially $10,000 in additional capital costs and an annual maintenance cost of $220. The tram concept by Silverspan would run from Testar’s home to the strata parking area by paralleling the existing stairs.

“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,” states 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. I like to interact with people in the community I like to shop. I have to rely on family to take out the garbage I do not have any independence.”

Testar’s home is landlocked at the bottom of a hillside, and the only way for him to reach the parking area up the hill is to traverse seven flights of stairs with a combined total of 102 steps.

Testar claimed he has not been able to safely climb the stairs to the parking area since December 2019, which was the last time he was able to leave his home.

According to the testimony by Testar’s doctor, he suffers serious medical problems, including congestive heart failure, chronic obstructive lung disease, osteoarthritis general debility, and severe sleep apnea.

“His severe chronic obstructive lung disease limits his exercise tolerance. This means that walking on a flat surface is an effort and safely climbing or descending 102 stairs may be next to impossible. This is despite his use of oxygen when required,” reads a letter from Dr. Bin K. Lim, noting that he is not capable of walking more than 20 ft on a flat surface, and unable to climb more than three and four steps at a time before having to rest to catch his breath.

“His medical conditions have required several emergency transfers to the hospital by ambulance. The stairs make it impossible for Paramedics and Fire & Rescue support to access his home without life threatening delays to his treatment.”

Example of a residential tram for a hillside. (Silverspan Trams)

Testar first made his request to the strata in January 2020 to accommodate his needs.

Several weeks later, the strata returned to Testar with their own suggestions, offering several other options as a potential compromise. The other strata owners had concerns over the impact of a tram on the stairs and the overall property.

The strata suggested a commercial tram — not a residential tram — was required on strata property, and that the tram should be available for all strata owners, not just for Testar.

Other options proposed by the strata entailed an outdoor vertical lift/elevator combined with walkways or ramps, reducing the number of steps by almost half with ramps, a powered outdoor stairlift or chairlift fitted onto the existing stairs, or increased areas on landings of the existing stairs.

Due the impasse, Testar filed the human rights complaint against his strata in May 2020.

In January 2021, the strata approved to settle the issue with an outdoor chairlift system for Testar, with the other owners open to have him choose a three-part chairlift system or a one-part chairlift system plus a new elevated walkway. The other three owners in the strata also approved having each of the four strata owners pay $17,500 for Testar’s accommodation under this arrangement.

In response, in April 2021, Testar’s representative rejected the strata’s proposal, arguing that it would not meet his client’s needs, and could even be difficult and unsafe for him to use.

At the same time, Testar countered with his own proposal to settle the matter outside of the tribunal, proposing to have each owner pay a “special levy” of $17,500 towards the tram. As well, Testar would pay the balance of the amount required to build the tram, indemnify the strata for any costs related to the tram including insurance and maintenance costs, and not require the strata to repair or rebuild the stairs after the completion of the tram construction. This counter offer by Testar was open for 14 days, but the strata did not respond to this offer.

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