Kathy Johnson v. Erika Costa and Peter Montaya, 2009 HRTO 2162

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kathy Johnson Applicant

-and-

Erika Costa and Peter Montaya Respondents

INTERIM DECISION

Adjudicator: Alan Whyte Date: December 14, 2009 Citation: 2009 HRTO 2162 Indexed as: Johnson v. Costa

1This is an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code") which alleges discrimination in housing on the basis of receipt of public assistance.

2The Application contains a series of facts, issues and arguments and refers to legal proceedings between the applicant and the respondent Costa who was the applicant's landlord for a number of years. The respondent Montaya was another tenant of Ms. Costa.

3A review of the Application and the Reply does not reveal any connection between the alleged ground of discrimination, the receipt of public assistance, and the conduct of the respondents. The Tribunal does not have a general power to remedy claims of unfair treatment, but rather, bases its jurisdiction on the provisions of the Code, and specifically, the prohibited grounds of discrimination within the 5 social areas covered by the Code.

4The Tribunal therefore directs the applicant to provide written submissions to the respondents and file with the Tribunal within 15 days of receiving the Interim Decision, which should address the connection between the alleged ground of discrimination and the conduct of the respondents. The applicant should set out the facts upon which she relies to demonstrate the discrimination on that ground.

5The respondents may reply to the applicant's submissions within 7 days of their receipt of those submissions. The respondents' submissions should be provided to the applicant and filed with the Tribunal.

6Upon review of the parties' submissions, the Tribunal may decide the Application or may issue further directions.

7I am not seized.