Adrienne Weinberg/Hadley v. MTCC 1019, 2010 HRTO 181

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Adrienne Weinberg/Hadley

Applicant

-and-

MTCC 1019

Respondent

INTERIM DECISION

Adjudicator: Alan Whyte

Date: January 26, 2010

Citation: 2010 HRTO 181

Indexed as: Weinberg v. MTCC 1019

1This Application made under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) alleges discrimination on the basis of disability in housing.

2The applicant lives in a condominium unit in the respondent’s complex. Approximately 31/2 years ago, the applicant acquired a dog on the recommendation of her physician in order to deal with her anxiety. The respondent became aware of the dog and initiated an arbitration under the Ontario Condominium Act, 1998, S.O. 1998, c. 19 which resulted in an award, dated February 27, 2009, requiring the dog be permanently removed from the property within one year of the date of the award or February 27, 2010.

3The applicant filed a Request to Expedite Proceedings. She states that she that she requires the dog in order to maintain her mental health.

4In its Response to the Request to Expedite Proceedings, the respondent suggests that the Application proceed in the normal course. The respondent has undertaken not to take steps to enforce the arbitration award pending the disposition of these proceedings, on the condition that the applicant pursues these proceedings diligently and does not attempt to delay them.

5In the circumstances, and in view of the respondent’s undertaking, the Request to Expedite Proceedings is dismissed.

6The respondent is directed to file its Response in Form 2 by February 16, 2010.

7I am not seized.