Guy Babineau v. Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing and Elizabeth Beckett, 2009 HRTO 994

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Guy Babineau

Applicant

-and-

Her Majesty the Queen in right of Ontario as represented by the Minister of Municipal Affairs and Housing and Elizabeth Beckett

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: July 8, 2009

Citation: 2009 HRTO 994

Indexed as: Babineau v. Ontario (Municipal Affairs and Housing)

Introduction

1This Application was received on December 30, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The purpose of this Interim Decision is to give notice to a person who may be added to this Application.

2The applicant self-identifies as a person with a hearing impairment. The applicant alleges that Elizabeth Beckett, a Vice-chair of the Ontario Rental Housing Tribunal, now known as the Landlord and Tenant Board, discriminated against him in the provision of a service by failing to accommodate his needs while he was representing his clients in a matter before her in May 2005. The applicant also alleges that the Ministry of Municipal Affairs (“Ministry”) failed to ensure that the Landlord and Tenant Board (“LTB”) provided non-discriminatory treatment to the hard of hearing.

3The respondents have filed a Request for early dismissal on the basis that the Application against the respondent Beckett is not within the jurisdiction of the Tribunal on the basis of judicial immunity, statutory immunity and other reasons. They also assert that there are no facts set out in the Application against the Ministry and the Ministry is not liable for the actions of Beckett.

4The Tribunal sought the parties’ written submission on the Request for early dismissal and has reviewed these submissions. The applicant requested an opportunity to make oral submissions.

5Upon review of the submissions of the parties, the Tribunal notes that the LTB, whose actions are also implicated by this Application, has not been named as a party to this proceeding.

6In my view, it is appropriate to seek submissions from the parties and from the LTB on the question whether the LTB should be added as a party to these proceedings.

7The Registrar-Transition is directed to provide a copy of this Interim Decision, the Application, Response and the parties’ submissions to the attention of the Chair of the of the LTB.

8The parties and the LTB may make submissions on the issue whether the LTB should be added to these proceedings in accordance with the following schedule. In addition, the LTB may make submissions on the Request for early dismissal.

9The applicant may file written submissions, together with any case law and evidence, on the issue whether the LTB should be added as a party to this proceeding, within 20 days of receipt of this Interim Decision.

10The respondents and the LTB may file responding submissions on the issue whether the LTB should be added as a party to these proceedings within 20 days of receipt of the applicant’s submissions. In addition, the LTB may file submissions, if any, on whether its actions fall within the jurisdiction of the Tribunal.

11The applicant shall file reply submissions, if any, within 10 days of receipt of the submissions of the respondents and the LTB.

12After reviewing the submissions Tribunal may issue further case management directions or set a date for a Case Resolution Conference.