Adrienne Weinberg v. MTCC 1019, 2010 HRTO 1026

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Adrienne Weinberg

Applicant

-and-

MTCC 1019

Respondent

interiM DECISION

Adjudicator: Alison Renton

Date: May 7, 2010

Citation: 2010 HRTO 1026

Indexed as: Weinberg v. MTCC 1019

1This Application was filed pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), and alleges discrimination on the basis of disability in housing.

2The applicant lives in a townhouse which is attached to a condominium unit in the respondent’s complex. Approximately 3½ years ago, the applicant’s family acquired a dog which the applicant now claims is to assist her with a mental health condition. The respondent became aware of the dog and initiated an arbitration under the Ontario Condominium Act, 1998, S.O. 1998, c. 19, as amended (“the arbitration”), which resulted in an award dated February 27, 2009 (“the arbitration award”), requiring the dog to be permanently removed from the property within one year of the date of the award, by February 27, 2010.

3The respondent filed a Response in which it seeks the early dismissal of the Application because another proceeding, the arbitration, has appropriately dealt with the matter. The parties have provided the Tribunal with a copy of the arbitration award.

4The applicant has not filed a Reply or otherwise responded to the respondent’s request for early dismissal and the time for doing so has now elapsed.

5Section 45.1 of the Code provides:

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.

6Section 43(2) of the Code provides that the Tribunal shall not finally dispose of an application without affording the parties a chance to make oral submissions.

7Within ten days of the date of this Interim Decision, the applicant will advise the Registrar (and the respondent) in writing whether she would like an opportunity to make oral submissions on the issue of whether the Application should be dismissed pursuant to section 45.1 of the Code.

8If the applicant indicates that she wishes to make oral submissions, the Registrar will schedule an oral hearing by way of telephone conference call to address the following issue:

Should the Application against the respondent be dismissed pursuant to section 45.1 of the Code as a result of the arbitration and the arbitration award?

9If, at the hearing, any of the parties wish to rely on facts, case law or other supporting material not already filed with the Tribunal, they are directed to deliver this material to each other and to the Tribunal by no later than two weeks before the date scheduled for the conference call.

10If the applicant does not communicate with the Registrar (and the respondent) in response to this Interim Decision or if she indicates that she does not wish to make oral submissions, the Tribunal will determine the s. 45.1 issue based on the materials already filed by the parties.

11I am not seized of this matter.