Shehbaz Saleem v. Muzammil Parkhani and Mohammed Naseeruddin, 2009 HRTO 397

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Shehbaz Saleem

Applicant

-and-

Muzammil Parkhani and Mohammed Naseeruddin

Respondents

INTERIM DECISION

Adjudicator: David A. Wright

Date: April 6, 2009

Citation: 2009 HRTO 397

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.

2In a previous Interim Decision, 2009 HRTO 259, the Tribunal sought submissions from the parties on whether the Applications should be separated.

3The Applicant opposes separation. He suggests that each hearing should be held separately to hear the facts, and then they should be combined to determine liability and damages. He argues that as the evictions both occurred within three weeks, the respondents’ actions were related, and that the two respondents have teamed up to threaten him.

4In my view, the process proposed by Mr. Saleem would not be practical or expeditious. Separating the Application against Mr. Parkhani from that against Mr. Naseeruddin would be the most fair, just and expeditious manner of addressing the allegations. This does not prevent Mr. Saleem from making the argument or presenting evidence in each case that the respondents’ actions were related.

5In each case, a one-day hearing will be scheduled to address all of the allegations and issues, including the respondents’ requests for dismissal under s. 45.1. The parties must be prepared to address all issues at the hearing.

ORDER

6The Tribunal makes the following Order:

(1) The Application against Mr. Naseeruddin shall be separated from that against Mr. Parkhani. The Application against Mr. Naseeruddin shall remain Tribunal File 2008-00114-I. The Registrar will advise the parties of the new file number for the Application against Mr. Parkhani.

(2) In each case, the Registrar shall schedule a one-day hearing to hear evidence and argument on all relevant issues.

7I am not seized of these Applications.