Tyrell v. Lake Promenade Apartments, 2010 HRTO 1846

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Karine Tyrrell

Applicant

-and-

Lake Promenade Apartments Limited/Compten Management Limited, Jack Greenberg, and Anita Greenberg

Respondents

INTERIM DECISION

Adjudicator: Sheri D. Price

Date: September 10, 2010

Citation: 2010 HRTO 1846

Indexed as: Tyrell v. Lake Promenade Apartments

WRITTEN SUBMISSIONS BY

Karine Tyrell, Applicant ) Self-represented

1This Application, filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code") alleges that the respondents discriminated against the applicant in respect of accommodation on the basis of age, sex and reprisal contrary to the Code.

2In an earlier Interim Decision in this matter, 2010 HRTO 1680, the Tribunal directed the applicant to provide submissions regarding whether two of the named personal respondents, Oleksandr Klymenko and Nataliya Klymenko ("the Klymenkos"), were proper parties to the Application given the apparent absence of anything in the Application linking their actions to a prohibited ground under the Code.

3In her written submissions, the applicant states only that the Klymenkos were named as respondents to the Application "because they ignored my right to peace and quiet because I am an "old woman".

4The Tribunal has held that in order for a named respondent to be a proper party to the proceeding, among other things, there must be allegations against the respondent, which if true, could lead to a finding that the proposed respondent violated the Code: Smyth v. Toronto Police Services Board, 2009 HRTO 1513 at para. 12.

5Although the applicant asserts that the Klymenkos' alleged noisiness is somehow connected to the applicant's age, there are no facts contained in the Application, which, if true, would allow the Tribunal to come to this conclusion. In my view, a bald assertion that discrimination has occurred, in the absence of any factual allegations to support it, will not suffice as the basis upon which to continue an application against a named respondent.

6Oleksandr Klymenko and Nataliya Klymenko are therefore removed as parties to the Application. The style of cause is amended accordingly.

7I am not seized of this matter.