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I am a career unionized firefighter in Sydney Nova Scotia. I
I am a career unionized firefighter in Sydney Nova Scotia. I am not vaccinated. My employer will be implementing a new policy that I believe breaches my human rights, discriminates against me, and bre… read more
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I do have questions: Regarding the statement in my lease
I do have some follow up questions: Regarding the statement in my lease about shower and changeroom access; does the lack of specificity legally provide room for an assumption of "without limitation" or does it create a vague opportunity for minimalism? As in, would I be able to claim that I should be able to access the changerooms/showers at any rate that I desire for my business, or are they more in the right to "provide me access" for 1 hour out of the week and consider it fulfilled? Are there building code requirements for there to be a bathroom on the second floor? Or something about leasing a section of a building without it's own bathroom? I tried reading building code legislation for Canada and there was a lot of wording about "barrier free" bathrooms being available. When 7:30pm comes around during the week, the pool shuts down and turns off the elevator, but I am still operating until 9pm, would that not constitute as a barrier? Here is some text from the new/original lease. There are statements throughout stating that the old agreements and any amendments apply to the "new" lease: "Original Lease: The Parties hereby agree as follows: The Municipality hereby grants the Lessee the right to operate a Fitness Centre, located on the second floor of the Blenheim Leisure Centre and Rotary Pool,***** in the community of Blenheim, in the Municipality of Chatham-Kent, excluding the exterior walls (“the premises”). New lease: AND WHEREAS the Lessor entered into a lease agreement with the Assignor dated March 9, 2004 (the “Original Lease”) permitting the Assignor to operate a fitness centre on the second floor of the Property (the “Leased Premises”);" With this wording, it says "on the second floor". Now, I recognize that it doesn't say, "the entire second floor". But, it also specifically states, "excluding the exterior wall". The pool has a room on the second floor that they use for storage. I figured, if it wasn't included in the lease it would specifically state, "excluding *description of said room*". Am I legally entitled to that space as per my lease? They are discussing the possibility of a 4th lockdown in Ontario. More text from my lease: "The Lessor Covenants: The Lessor hereby covenants with the Lessee as follows: 10. To permit the Lessee, as long as the rent is paid and the covenants complied with, to use the specified area without interference from the Lessor." Last lockdown, the almost all other fitness facilities within my community continued to operate under "ONTARIO REGULATION 57/21". Put simply, they could continue to provide service as long as the individual has "a written instruction for physical therapy from a regulated health professional". I should have just done the same, but I made the mistake of asking permission first. I tend to do this since I am operating on municipal property. This is what I got back: "In following up on your request – Dr. Colby, Medical Officer of Health for Chatham-Kent has indicated that unfortunately, you will not be able to open to provide personal training sessions for physical therapy/rehab clients." My request wasn't even to open my gym. I requested to ONLY provide service to my personal training clients (just the two of us in a 5000sq. ft. facility). Not to mention, these are people that desperately needed it. Most of my clients are of poor health, that's why they come to me. Would that be considered going against the Lessor Covenant 10? As in, would they be recognized as causing "interference"? If we go into another lockdown, would I be able to use that clause to continue operation? (Provided I operate within ONTARIO REGULATION 57/21) I have an acquaintance that is on Chatham-Kent council and used to work out in this gym prior to my ownership. He is a really nice dude and we get along. He is who I called about this situation initially and that conversation is what gave us the very little bathroom access we have now. I would prefer to know exactly where I stand in my rights so that I can move forward knowing which ones I can lean into. I would prefer to contact him first and have a human conversation about preferring to not pursue legal action, I just want a place for my members to shower, change, and go to the bathroom. Then, if he feels he can't do much, or not much gets done about it after a reasonable period of grace time, I will definitely pursue legal action. In your opinion, is this a good approach? Or would that be unwise? As in, would I be better off contacting a lawyer and having an email sent first? Thank you so much for your time and effort. … read more
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