Dioba v. Taddeo, 2009 HRTO 1609

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nacon Dioba Applicant

• and-

Teresa Taddeo and Ricardo Taddeo Respondents

INTERIM decision

Adjudicator: Ena Chadha Date: October 6, 2009 Citation: 2009 HRTO 1609 Indexed as: Dioba v. Taddeo

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 May 4, 2009 alleging discrimination and reprisal in housing on the basis of race, place of origin, ethnic origin and disability. On June 23, 2009, the respondents filed a Response denying the allegations of discrimination and reprisal. The applicant filed a Reply on July 2, 2009.

2A hearing into the Application is scheduled for October 20, 2009.

BACKGROUND

3In addition to the present Application, the applicant, Nacon Dioba (a.k.a. Ignacio Drenic), has filed numerous Applications with the Tribunal, including, the following matters: Dioba v. Sun King Cleaners, 2009 HRTO 1458; Dioba v. Ontario (Government Services), 2009 HRTO 651; Dioba v. Toronto Public Library, 2009 HRTO 433; Dioba v. Pusateri’s, 2009 HRTO 1140; Dioba v. BMO (Bank of Montreal), 2008 HRTO 325; Drenic v. House of Friendship, 2008 HRTO 344; Drenic v. YMCA of Greater Toronto, 2009 HRTO 1234 and Drenic v. Governing Council of the Salvation Army, 2009 HRTO 1059.

4During the course of pursuing his various Applications, the applicant has filed a voluminous amount of correspondence and documentation with the Tribunal. In these materials, the applicant often makes submissions which are disrespectful towards Tribunal staff and other parties and abusive of the process. As a result, on September 22, 2009, the Executive Director of the Tribunal sent the following letter to the applicant requesting that the applicant cease such conduct and immediately undertake in writing to treat Tribunal staff, adjudicators and other parties in a courteous manner:

Dear Mr. Dioba:

Re: Your recent email communications to the HRTO

Tribunal File No.: T-0387-08; 2008-00304; 2008-00657-I; 2008-0702-I; 2008-00778-I; 2008-00903-I; 2009-01526-I; 2009-01759-I; 2009-020292-I; 2009-02201-I; 2009-02746-I; 2009-03313-I

I am writing in my capacity as Executive Director of the Human Rights Tribunal of Ontario (HRTO) in response to your recent emails.

This past weekend, you sent 11 emails to the Registrar and other staff of the HRTO, five of which contained identical messages. These emails are abusive of the HRTO and its processes and must stop.

First, some of your emails contain an extremely large number of attachments. As all of these documents have already been filed with the HRTO, it is difficult to understand the reason for sending this volume of material other than to overload the HRTO’s system. This is abusive and jeopardizes the HRTO’s ability to provide services.

Second, the content of your emails is so highly offensive that you will not receive a response other than this letter.

This last series of emails continues your inappropriate attacks on the HRTO and its staff which began after you received decisions that were not in your favour. While you are entitled to question HRTO decisions, you are not entitled to do so through offensive and abusive correspondence. As you have been advised on numerous occasions, it is open to you to apply to the Divisional Court for judicial review or to raise your concerns with the Ontario Ombudsman.

The HRTO will not tolerate any further abuse. The HRTO may refuse to take any further steps in your applications (filed under either the surname Dioba or Drenic) unless you immediately provide a written undertaking stating that you will treat HRTO staff, adjudicators and the other parties in any proceeding before the HRTO with respect and courtesy, and that you will only provide emails or other materials that are related to issues in an application and do not contain any offensive, abusive, profane, lewd or threatening language. Specifically, the Tribunal will not entertain any materials that:

• refer to any party, representative or HRTO staff member using a disparaging name or description;
• contain threats of any nature;
• use profane language; or,
• make lewd or sexual references.

The HRTO is committed to providing prompt, fair and respectful services to all parties. I look forward to receiving your assurance that you will respect these expectations.

If your abusive behaviour continues, further steps will be taken to ensure that the integrity of the HRTO’s processes is protected. (emphasis in the original)

5The applicant has not responded to the above-noted letter.

DECISION

6In Nourhaghighi v. Toronto Catholic District School Board, 2009 HRTO 1519, the Tribunal set out its expectations for the behaviour of parties appearing before it and directed the applicant in that case to provide an undertaking to the Tribunal that he would comply with those expectations. The Tribunal stated:

The Tribunal will not tolerate behaviour at a hearing, or directed toward an adjudicator or any other participant in these proceedings, that is offensive, abusive, or profane. In the circumstances, the Tribunal will require the applicant to confirm in writing that he will abide by the Tribunal’s expectations of appropriate language and conduct during its processes.

7The applicant in this proceeding has been asked for a similar undertaking. He has not provided any response. I am satisfied his behaviour warrants the provision of such an undertaking. In these circumstances, the Tribunal finds the most fair, just and expeditious approach is to adjourn the hearing of this Application until the applicant provides a written undertaking to comply with the content of the above-noted letter. If the applicant fails to provide his undertaking within one year of this decision, the Application will be dismissed as abandoned.

8As such, the Tribunal orders that this Application be adjourned for one year or until such time as the applicant provides a written undertaking that he will treat HRTO staff, adjudicators and the other parties in any proceeding before the HRTO with respect and courtesy, and that he will only provide correspondence and/or other materials that are related to issues in an application and do not contain any offensive, abusive, profane, lewd or threatening language.

9I am not seized of this matter.