Howard v. Halton Condominium Corporation No. 59, 2009 HRTO 563

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Teresa Howard

Applicant

-and-

Board of Directors, Halton Condominium Corporation No. 59, Wilson Blanchard Management and Robert Wilson

Respondents

INTERIM DECISION

Adjudicator: Sherry Liang

Date: May 4, 2009

Citation: 2009 HRTO 563

Indexed as: Howard v. Halton Condominium Corporation No. 59

1This is an Application filed on February 2, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). The purpose of this Interim Decision is to provide directions with respect to the applicant’s Request for Interim Remedy.

2Following the filing of her Application, the applicant filed a Request for Interim Remedy, on April 16, 2009. The respondents filed Responses to the Application and to the Request for Interim Remedy, on April 23, 2009. The applicant has subsequently filed additional material as a reply on her Request.

3Although the applicant and respondents have set out a number of facts in each of their materials on the Request for Interim Remedy, no one has filed the declarations required by the Tribunal’s Rules of Procedure.

4Rule 23.3 of the Tribunal’s Rules state that a Request for Interim Remedy must include:

a) a detailed description of the order sought;

b) one or more declarations signed by persons with direct first-hand knowledge detailing all the facts upon which the applicant relies; and

c) submissions with respect to the merits of the Application, the balance of harm or convenience and why an interim remedy would be just and appropriate in the circumstances. [emphasis added]

5Rule 23.5 contains similar requirements with respect to a Response to a Request for Interim Remedy.

6It is not sufficient for an applicant or respondent to simply rely on the statements made in an Application or Response to an Application for the purposes of Rules 23.3 and 23.5. The Tribunal directs the parties’ attention to its decisions in Chopra v. Kratiuk, 2009 HRTO 109 and Lewis v. Markham Stouffville Hospital, 2009 HRTO 188 on the procedural requirements regarding Requests for Interim Remedies.

7In the circumstances, the Tribunal directs the applicant and the respondents to file declarations in accordance with Rules 23.3 and 23.5, before determining the Request. These declarations must be provided to the other parties and to the Tribunal by 5 p.m. on Monday, May 11, 2009.

8The Tribunal will hold an oral hearing to hear the parties’ submissions on the Request for Interim Remedy, commencing at 9:30 am on Thursday, May 14, 2009 at the Tribunal’s Hearing Centre, 655 Bay Street, 14th Floor, Toronto, Ontario.