What is the test for sexual harassment in a residential tenancy?
British Columbia, Canada
The following excerpt is from Friedmann v. MacGarvie, 2012 BCCA 445 (CanLII):
I agree with the tribunal member in Dietrich v. Dhaliwal that the reasoning in Janzen does apply to a tenancy relationship, but my reasoning is a little different. I am not confident that it is correct to say that the sexual harassment implicitly became a condition of the tenancy. Rather, I would prefer to focus on the criteria set out in s. 10(1)(b) of the Code, which requires discrimination regarding a term or condition of the tenancy based on an enumerated ground. In that regard, I will refer to the legislation that governs residential tenancies.
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