Martin v. CornerStone Bed and Breakfast, 2009 HRTO 381

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ian Martin

Applicant

-and-

CornerStone Bed and Breakfast, Doug McCue and Ryan Gomes

Respondents

INTERIM DECISION

Adjudicator: Judith Keene

Date: April 2, 2009

Citation: 2009 HRTO 381

Indexed as: Martin v. CornerStone Bed and Breakfast

1This is an Interim Decision in respect of an Application filed on October 22, 2008 under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”). The applicant alleges discrimination in the provision of goods, services or facilities on the ground of disability as a result of his guide dog being refused entry to the respondent bed and breakfast.

2The facts underlying this Application were the subject of a prosecution under the Blind Persons’ Rights Act, R.S.O. 1990, c. B.7 (“the BPRA”). Initially, the Tribunal had been advised of a possible court date in January 2009. On the 19th of January, the Tribunal issued a Interim Decision which, among other matters, asked the parties to make submissions on the issue of whether the Tribunal should defer its proceedings pending the outcome of the prosecution. The parties made submissions on this issue.

3On March 25, 2009, the Tribunal received a copy of a letter dated March 26, 2009 to the respondent from a Crown Attorney indicating that he would be withdrawing the charge against the respondent.

4There being no other proceeding to consider, deferral is no longer an issue. The Registrar will set a date for the hearing of this Application.

5I am not seized of this matter.