Tribunal dismisses human rights complaint against city hall by Kelowna quadriplegic

KELOWNA – A complaint launched against the City of Kelowna by the family of a quadriplegic man has been dismissed by the B.C. Human Rights Tribunal.

Complainant Ann Penrose had asked the city to bypass regular process and grant Roy Penrose, a quadriplegic, special exemption for his lift-equipped van to park outside the front door of their Rutland home.

When the city refused, Penrose complained to the tribunal which was in turn, asked by the city’s lawyers to set asided the complaint.

Penrose alleged the city was biased against the family because of an ongoing bylaw dispute with some of her neighbours and turned down an offer to waive the development fee and plead her case to council, chosing instead to launch a petition and the tribunal complaint.

However the tribunal sided with the city, setting aside the complaint against it and by extension, the complaints against Kelowna mayor Colin Basran and two city employees, bylaw services manager Greg Wise and community planning manager Ryan Smith.

A reason for the decision was issued November 30, 2016 after a review of submissions by tribunal member Walter Rilkoff in advance of a full hearing.

Rikoff found Ann Penrose’s assertions against the city, Mayor Colin Basran and managers Smith and Wise could not be sustained by the available documentation.

He also found the Penrose request — to be granted an exemption outside the development variance process — could not be supported because it sidestepped the Local Government Act.

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