The applicant, a resident of a housing co-operative, sought judicial review of a Human Rights Tribunal of Ontario (HRTO) decision dismissing her discrimination application for having no reasonable prospect of success.
The applicant alleged the HRTO breached procedural fairness by conducting a combined summary and preliminary hearing.
The Divisional Court dismissed the application, finding no procedural unfairness as the HRTO has the power to control its own procedures and the applicant was afforded an opportunity to be heard.
The Court also upheld the HRTO's finding that the applicant's complaint did not raise Code violations, as she had been offered and refused a unit that accommodated her disability-related need for a balcony.