Olga Iourtchak v. York Condominium Corporation #201, 2009 HRTO 1187

Human Rights Tribunal of Ontario

B E T W E E N:

Olga Iourtchak Applicant

-and-

York Condominium Corporation #201 Respondent

INTERIM DECISION

Adjudicator: Mary Truemner Date: July 31, 2009 Citation: 2009 HRTO 1187 Indexed as: Iourtchak v. York Condominium Corporation #201

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on March 17, 2009, which alleges that the respondent discriminated against her with respect to housing because of her race, and which alleges sexual solicitation or advances.

2Specifically, the applicant alleges that the respondent kept a "black list" of building residents, on which her name was listed, and the list indicated classifications such as "whore, prostitute, rabble, fool, blockhead and idiot." The applicant does not specify what was written beside her name on the list that she alleges included her name. The applicant alleges that she was refused services from the respondent because she was included on the list, but she does not provide particulars with respect to whether the refusal of services was connected to any sexual solicitation or advances, or to her race. In fact, she does not identify her race in the Application. The only reference to race is the checking of the box "Race" in the list of grounds on the Application Form. Similarly, the only reference to sexual solicitations or advances is the checking of the box "Sexual Solicitation or Advances" on the Application Form. The Application does not explain how the respondent has treated the applicant differently or harassed her because of her race or sex.

3The respondent filed a Response and a Request for Order During Proceedings on July 2, 2009. The respondent requests the early dismissal of the Application on the basis that 1) the Tribunal has no jurisdiction; 2) the Application discloses no prima facie case of discrimination or harassment; 3) the Application is frivolous, vexatious and an abuse of the Tribunal's process and 4) the Application lacks particulars. The applicant has not filed anything in answer to the Response or to the Request.

4In all the circumstances, it appears that these matters should be considered by way of an oral hearing. The Registrar will schedule a half-day hearing during which the parties will be expected to address the following issues:

(a) Should the Application be dismissed on the basis that it raises matters over which the Tribunal has no jurisdiction?

(b) Should the Application be dismissed on the basis that it fails to raise allegations that disclose a prima facie case of discrimination?

(c) Should the Application be dismissed on the basis that it is frivolous, vexatious or an abuse of the Tribunal's process?

(d) Should the Application be dismissed on the basis that it lacks particulars?

5If any party wishes to rely on case law or other supporting material at the hearing, they are directed to deliver this material to each other and the Tribunal by no later than two weeks before the date of the hearing.

6The Tribunal draws the applicant's attention to the "Applicant's Guide" and in particular to sources of legal assistance and representation available to applicants. The Guide and links to other sources of information are available on the Tribunal's website, www.hrto.ca, or from the Registrar, whose contact information is contained on the cover page of this decision.

7I am not seized of this matter.