David Heath v. John Kantzas, 2008 HRTO 173

Human Rights Tribunal of Ontario

B E T W E E N:

David Heath Applicant

-and-

John Kantzas Respondent

INTERIM decision

Adjudicator: Ena Chadha Date: October 21, 2008 Citation: 2008 HRTO 173 Indexed as: Heath v. Kantzas

Human Rights Tribunal of Ontario 655 Bay Street, 14th Floor Toronto ON M7A 2A3 Phone 416-326-1312 / 1-866-598-0322 / Fax 416-326-2199 / Toll Free1-866-355-6099 TTY 416- 314-2379 / 1-800-424-1168 E-mail hrto.registrar@ontario.ca Website www.hrto.ca

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), alleging discrimination in housing on the basis of disability and receipt of public assistance. The applicant claims that he was subjected to on-going verbal harassment and improper eviction proceedings by his landlord, the respondent.

2The respondent seeks an order deferring this Application on the basis that the subject matter of the Application is currently being dealt with by the Landlord and Tenant Board. The respondent has produced copies of documentation from the Landlord and Tenant Board indicating that a hearing regarding payment of outstanding rent and termination of tenancy was scheduled for September 25, 2008. The respondent submits that the Landlord and Tenant Board hearing was adjourned on the condition that the parties agree to participate in mediation. The respondent alleges that the mediation of the Landlord and Tenant Board matter has yet to occur because of the applicant’s refusal to communicate with the respondent in this regard.

3The Tribunal may consider deferral of this Application until the matter before the Landlord and Tenant Board is resolved or concluded. Pursuant to Rule 14 of the Tribunal’s Rules of Procedure for Applications under Part IV of the Code, the Tribunal will give the parties notice of its intention to consider deferral and an opportunity to make submissions with respect to deferral.

4The applicant is directed to deliver to the respondent and the Tribunal, no later than 14 days from the date of this decision, his submissions regarding whether or not this Application should be deferred pending the resolution or conclusion of the Landlord and Tenant Board matter. The respondent is directed to provide a response within 7 days of the receipt of the applicant’s submissions and to include in such response any information as to the status of the proceeding before the Landlord and Tenant Board.

5The applicant may wish to review the Tribunal’s Rules and Guides to its processes, available on the Tribunal’s website at www.hrto.ca, before preparing his submissions.

6I am not seized of this matter.