Znamecz v. Fengate Property Management, 2009 HRTO 2149

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Joseph Znamecz

Applicant

-and-

Fengate Property Management Ltd. and Spallacci Contracting Limited

Respondents

INTERIM DECISION

Adjudicator: Naomi Overend

Date: December 10, 2009

Citation: 2009 HRTO 2149

Indexed as: Znamecz v. Fengate Property Management

1This Interim Decision addresses the applicant’s Request for Order asking the Tribunal to add Spallacci Contracting Limited as a respondent to his Application. Neither Fengate nor Spallacci Contracting Ltd. filed a Response to this Request.

2The applicant filed his Application on March 5, 2009, under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination by Fengate Property Management Ltd. (“Fengate”) on the basis of disability and the receipt of public assistance in the occupancy of accommodation. The applicant alleges that he was advised by a representative of Fengate that he would require a co-signor to rent the unit he was interested in because he did not meet the minimum income criteria.

3In its Response, Fengate asserts that the policy alleged to be discriminatory is administered by both it (as the property management company) and the developer. Although the developer is identified as “Spallacci Group” in the Response, the applicant has subsequently clarified that counsel for Fengate has advised her that the owner of the building is, in fact, Spallacci Contracting Ltd.

4It is appropriate that Spallacci Contracting Ltd. be added as a respondent to this Application in light of its shared responsibility for the alleged discriminatory policy at issue in this Application. Accordingly, I order that Spallacci Contracting Ltd. be added as a respondent to this Application and the style of cause be amended to include its name.

5I am not seized of this matter.