The applicants filed human rights applications alleging racial profiling and discrimination by their condominium corporation, property management, and security.
The respondents requested early dismissal under section 45.1 of the Human Rights Code, arguing the substance of the applications had already been addressed in a prior Superior Court compliance proceeding brought against the applicants for vandalism and misconduct.
The Tribunal found that the applicants had raised their human rights allegations in the prior proceeding but chose not to participate further, resulting in a finding of liability against them.
The Tribunal concluded that the substance of the applications was essentially the same as the prior proceeding and dismissed the applications as an abuse of process.