The applicant filed a human rights application alleging the respondents failed to accommodate her disability by delaying the installation of a wheelchair lift in her condominium.
The respondents sought to dismiss the application under s. 34(11) of the Human Rights Code, arguing the applicant had already commenced a civil proceeding seeking damages for the same factual allegations.
The Tribunal found that the civil claim, while not explicitly citing the Code, sought damages that could only be characterized as Code-based remedies.
The application was dismissed as being outside the Tribunal's jurisdiction due to the duplicate civil proceeding.
