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Case Summary: CNIB Intervenes in Successful BC Human Rights Case

By: Shannon Kinch

In 2018, Maria Kovacs, a guide dog handler and long-time resident of Maple Ridge, filed a human rights complaint against the City of Maple Ridge. Maria alleged that contrary to the BC Human Rights Code, the City of Maple Ridge had discriminated against her when they reconstructed three intersections within the City. The reconstructed intersections did not accommodate her sight loss. Instead, they created barriers, like a bike lane that merged with a sidewalk at a spot where a bus stop was located and roundabouts. The barriers prevented Maria from being able to navigate the intersections safely and independently with her guide dog. 

In response to Maria’s claims, the City of Maple Ridge argued that the reconstructed intersections were reasonable and justified, that the City had reasonably accommodated Maria, and that when reconstructing the said intersections, the City generally relied upon Canadian and provincial standards, guidelines, and expert consultants.  

In 2022, CNIB applied to participate in Maria’s human rights complaint as an Intervener. CNIB’s desire to become involved in the litigation was fueled by (among other things) the fact that Maria did not have the resources to hire an expert or present expert evidence (which was necessary to provide context to her personal experience with the intersections), and the fact that the outcome of Maria’s complaint could significantly impact the broader sight loss community.

While Maria’s complaint with respect to two of the intersections was dismissed, the BC Human Rights Tribunal determined that Maple Ridge had breached the BC Human Rights Code with respect to its reconstruction of the third intersection and bus stop (which was also the intersection that Ms. Kovacs frequented the most).

Maria was awarded $35,000 for injury to dignity, feelings and self-respect, and the City of Maple Ridge was ordered to make several changes to the said intersection, including (among others) installing truncated domes and maintaining the “area around the Bus Stop as a pedestrian-only area where cyclists must dismount.”   

Following the release of the Decision, Maria spoke with CBC news about the outcome. "Now the fight is over, now it's the fixing…I feel very good, very confident, very happy,” she said. 

To access the complete BC Human Rights Tribunal Decision, visit the Canadian Legal Information Institute (CanLII).