Shehbaz Saleem v. Muzammil Parkhani and Mohammad Naseeruddin, 2009 HRTO 259

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Shehbaz Saleem

Applicant

-and-

Muzammil Parkhani and Mohammad Naseeruddin

Respondent

INTERIM DECISION

Adjudicator: David A. Wright

Date: March 9, 2009

Citation: 2009 HRTO 259

Indexed as: Saleem v. Parkhani

1In this Application, filed under s. 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), the applicant alleges discrimination on the basis of race, citizenship, disability and reprisal by the respondents, each of whom was his landlord at a different period of time. He alleges that Mr. Parkhani discriminated against him in the manner in which his apartment was maintained, in entering his apartment, and in evicting him, and that Mr. Naseeruddin discriminated against him by evicting him. Each respondent asks that the Application be dismissed under s. 45.1 of the Code on the basis that the substance of the Application as against that respondent has been appropriately dealt with by a decision of the Landlord and Tenant Board. Each relies upon a different decision.

2There is, in my view, a significant question of whether these matters, which appear to be unrelated, should be dealt with as one Application or two. To provide for the fair, just, and expeditious resolution of any matter before it the Tribunal may, under Rule 1.7(e) of its Rules of Procedure, direct that applications be heard separately. The Tribunal may remove a party pursuant to Rule 1.7(b). Separating the Application against Mr. Parkhani from that against Mr. Naseeruddin may be the most fair, just and expeditious manner of addressing the allegations.

3If the parties wish, they make any submissions on whether the Applications should be separated by March 23, 2009. The Tribunal may make a decision on this issue after that date. It may then address the appropriate next steps, taking into account the respondents’ requests under s. 45.1.

4I am not seized of this Application.