Deana Rotondo v. Village Millcraft Apartments, 2009 HRTO 313

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Deana Rotondo Applicant

-and-

Village Millcraft Apartments Respondent

INTERIM DECISION

Adjudicator: Alan Whyte Date: March 18, 2009 Citation: 2009 HRTO 313 Indexed as: Rotondo v. Village Millcraft Apartments

1This is an Application filed December 22, 2008 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), alleging discrimination in housing on the grounds of sex and marital status.

2The respondent filed a Response which requested that the Tribunal dismiss the Application because another proceeding has wholly or in part appropriately dealt with the substance of the Application pursuant to section 45.1 of the Code. The respondent submits that the applicant filed an application with the Ontario Landlord and Tenant Board (the “LTB”) which is based on identical allegations as those contained in this Application. According to the respondent’s submissions and an Order dated December 10, 2008 from the LTB, the applicant's application to the LTB was dismissed (with costs).

3In her Reply, the applicant submits that the Application should not be dismissed because the LTB did not appropriately deal with the substance of this Application. It is pointed out that the LTB did not make any findings or conclusions regarding the facts that are alleged in this Application.

Request to Dismiss Under Section 45.1

4Section 45.1 of the Code provides as follows:

a. The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.

5The issue is whether another proceeding has appropriately dealt with the substance of all or part of the Application, such that all or part of the Application should be dismissed.

6It is helpful to consider s. 45.1 in two parts: (1) whether there was another “proceeding” and (2) if so, whether it “appropriately dealt with” the substance of the Application. With regard to the second issue, the Tribunal may consider whether the Application arises from the same facts that provided the basis for the other proceeding, whether the substance of the issues raised in each forum was substantially the same, and whether the matter raised was “appropriately dealt with” in the other proceeding.

7It cannot be said that the LTB dealt with the allegations made in this Application in any way. There were no proceedings before the LTB other than a brief attendance on December 9, 2008 which dealt solely with the Applicant's request to withdraw the application before the LTB. The issues underlying the applicant's Application to the Tribunal were not addressed.

8In the circumstances, the Tribunal denies the request to dismiss pursuant to section 45.1 of the Code.

9I am not seized of this matter.