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A Kamloops woman has won the first round of a BC Human Rights Tribunal case after her former strata refused to give her a parking space closer to the building.

According to a recently published June 28 BC Human Rights Tribunal decision, condo dweller Karla Pearce was denied an accommodation from Strata KAS 487 when she requested a different parking space because of a physical and mental disability.

The decision said Pearce has mobility issues that impact her ability to walk and mental health issues but when she asked the strata at her Hugh Allan Drive apartment complex for a parking stall nearer to her unit it refused saying she didn't have a disability.

The Strata argued Pearce's desire for a different parking spot came because she had a beef with the tenant in the neighbouring parking stall.

Pearce said the person in the next stall encroached into her stall and caused her to "get stuck." The parking issue often meant she had difficulty parking and was "severely messing with [her] calm."

She asked the Strata if it could set up an accessible parking stall for her, but it refused.

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Instead, Pearce began using a second spot she already had that was 150 metres from the building.

In the decision, the Strata argued that as she'd moved out of the building in 2021 the issue was moot.

It also denied Pearce had a disability and said she hadn't provided medical evidence of a disability when requested and she'd posted videos of herself on YouTube where she appears to "move without limitation from disabilities."

The decision said Pearce submitted a doctor's note in evidence saying she suffered from chronic lower back pain and migraines.

The Strata argued the parking spot was only three car stalls from the walkway to her suite and she only needed to walk further when she used her second parking stall 150 metres away.

While Pearce wanted a parking spot closer, the Strata pointed out that the stall she wanted would only bring her closer by 7.25 metres and that there was no medical evidence to show that would make any difference.

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However, the Tribunal didn't buy it.

"Ms. Pearce alleges that being required to walk from her parking stall to her home aggravates her disabilities," the Tribunal ruled.

The Strata applied to throw the case out but the Tribunal wasn't swayed.

"Her complaint sets out a connection between her disabilities and the adverse impact because she says using her parking stall exacerbates her disabilities... Ms. Pearce alleges she is a person with disabilities, and she experienced an adverse impact in service because the Strata did not provide her with an adequate parking stall." the Tribunal ruled. "I find that Ms. Pearce has alleged an arguable contravention of the (Human Rights) Code."

Ultimately, the Tribunal dismissed the Strata's argument to dismiss and allowed the complaint to proceed to a hearing.

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The outcome doesn't mean that Pearce has won, only that her case can proceed and the Tribunal encouraged both parties to use mediation services and resolve the matter by mutual agreement.

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