Wendy Brereton v. Canadian Apartment Properties Real Estate Investment Trust, 2009 HRTO 1830

Human Rights Tribunal of Ontario

B E T W E E N:

Wendy Brereton Applicant

-and-

Canadian Apartment Properties Real Estate Investment Trust, Anthony D. Douglas and Osheina Wan Respondents

DECISION

Adjudicator: Alison Renton Date: October 30, 2009 Citation: 2009 HRTO 1830 Indexed as: Brereton v. Canadian Apartment Properties Real Estate Investment Trust

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 August 31, 2009. The applicant alleges discrimination in housing based on race, disability and “being active in a Tenant’s committee”. The applicant also filed a Request to Expedite Proceedings (Form 14).

2On September 14, 2009, the Tribunal wrote to the applicant to state that it appeared that her Application fell outside of the Tribunal’s jurisdiction. The applicant was invited to review the provisions of the Code and provide submissions explaining why the Application was within the Tribunal’s jurisdiction. The applicant provided submissions dated October 12, 2009.

3The Tribunal’s jurisdiction is based on the Code, which prohibits discrimination in the areas of accommodation (housing), services, goods and facilities, and employment on the basis of grounds listed in the Code. In accommodation, those grounds are race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, disability or the receipt of public assistance.

4The applicant appended to her Application various documentation and correspondence, from 2005 to 2009, written by herself and other tenants and setting out concerns and allegations about the respondents. The concerns are varied and include allegations about heat not working, work orders not being completed, representatives of the corporate respondent being rude and harassing and false evictions being issued. The applicant also appended documentation from the Landlord and Tenant Board about a hearing that commenced before it in 2009 on these same issues. While I can appreciate the concerns that the applicant raises in relation to her housing situation, she does not link this treatment to a prohibited ground of discrimination under the Code. Further, there is no ground under the Code for “being active in a Tenant’s committee”.

5The Tribunal does not have a general power to inquire into claims of unsatisfactory accommodations or disputes between a tenant and landlord that are outside the areas and grounds listed in the Code. Accordingly, I dismiss the Application. As the Application is dismissed, I do not need to address the applicant’s Request to Expedite Proceedings request.