It was found the landlord made comments about being transgender that had ‘a serious and harmful impact’ on the tenant.
A landlord has been ordered to pay a former tenant $10,000 for comments the landlord made about the tenant being transgender that had “a serious and harmful impact.”
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In a B.C. Human Rights Tribunal decision posted this week, Kirsten Olsen was ordered to pay Terry Wiebe the award as compensation for injury to Wiebe’s dignity. The tribunal found Olsen discriminated against Wiebe on the basis of gender identity and expression.
During the hearing, the tribunal heard that Wiebe, who uses the pronouns they/them, was living in a motorhome on a rural property owned by Olsen from 2014 to 2018, and paid Olsen $200 a month in rent.
The pair were close friends until 2017 when their friendship deteriorated. In late 2018, Olsen asked Wiebe to move out.
Wiebe said Olsen had discriminated against them, and they were evicted after disclosing plans to get gender-affirming top surgery.
The tribunal said it was not satisfied the eviction was connected to Wiebe’s gender affirmation, but found Olsen made a discriminatory response when she told Wiebe she would be “uncomfortable” if Wiebe had surgery and would not answer when asked whether the surgery would affect Wiebe’s tenancy.
According to the Jan. 22 decision, Wiebe began taking hormone treatments in November, 2016, and told Olsen about the planned surgery in April 2017.
Wiebe said Olsen discouraged them from seeking surgery, saying “you’re fine as a lesbian” and telling Wiebe “you don’t need to mutilate your body.” Olsen denied using the word “mutilate.”
In the following months, Wiebe asked Olsen if they could continue living on the property after surgery. Olsen did not answer yes or no, saying only she was not comfortable with it and did not support it.
Olsen testified there were several factors why their friendship frayed, including a loss of trust with regards to Wiebe’s work at a business run by Olsen, and increased tension between Wiebe and three other tenants on the property.
She said she was frightened of Wiebe’s behaviour toward another tenant after Wiebe and the other tenant broke up. She also described two separate interactions between Wiebe and other tenants that resulted in arguments.
In September 2018, Olsen asked Wiebe to move out by Dec. 15, saying in a phone call that she had plans for the space Wiebe’s motorhome occupied. She also said she was uncomfortable with some of Wiebe’s behaviour including their “boundary issues.”
When Wiebe asked if their gender affirmation was the reason Olsen wanted them to move, Olsen said “that’s not what it’s about.” Wiebe pressed, and Olsen said: “It’s all about behaviours and me not being comfortable and it’s not working for me anymore.”
Wiebe moved out Dec. 31. The motorhome and adjoining structures were dismantled and towed off the property.
The tribunal found Wiebe has not established that their gender identity was a factor in Olsen’s decision to evict them. They accepted Olsen’s reason that the eviction was because of Wiebe’s behaviour with other tenants and Olsen’s desire to move her mother to the property.
The tribunal noted there was an 18-month gap between Olsen learning of Wiebe’s gender and the eviction, which suggested gender was not a factor in the decision.
It also noted that to Olsen’s knowledge, based on her last conversation with Wiebe, they were not planning to go ahead with the surgery because of the facial hair caused by the hormone treatment.
The tribunal made the distinction between Wiebe and Olsen’s relationship as friends and as tenant-landlord.
They said Olsen’s comments about “you’re fine as a lesbian” and the alleged comment about surgery as “mutilation” were made at the front porch of Olsen’s double-wide trailer where the pair had often gathered to chat as friends.
“We understand how these statements were hurtful for Terry Wiebe, but the context in which they were made suggests they were related to the parties’ personal relationship, rather than their tenancy,” wrote the tribunal.
If the alleged reference to “mutilation” was connected to the tenancy, that comment would have been unacceptable and led to a finding of discrimination under the B.C. Human Rights Code, said the panel.
But the comments were made as part of “frank, unguarded conversations between friends” — “objectionable,” but not discriminatory.
The tribunal found that when Wiebe asked Olsen if they can stay on the property if they got the surgery, the question was a tenant asking a landlord if the lease would be renewed.
Olsen’s response was not egregious, said the tribunal, but her “repeated refusal to reassure Terry Wiebe that their tenancy would be safe even if they got surgery was serious, as it sent a message that Terry Wiebe would lose their home if they took further steps to change their gender.”
The tribunal found Olsen discriminated against Wiebe in their tenancy and awarded them $10,000 for injury to dignity.
It rejected Wiebe’s claim of $50,000 for injury to dignity because it did not find the eviction was discriminatory.