HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Anne Barot
Applicant
-and-
Buyer Broker Realty Inc.
Respondent
INTERIM DECISION
Adjudicator: Michelle Flaherty
Indexed as: Barot v. Buyer Broker Realty
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) alleging discrimination on the basis of ethic origin, place of origin and citizenship with respect to accommodation.
2This matter has been scheduled for hearing in February 2011, together with Tribunal file 2009-03576-I.
3The respondent filed a Response denying the allegations of discrimination and seeking early dismissal of the Application because another proceeding has in whole or in part dealt with the substance of the Application. In the alternative, the respondent seeks the deferral of the Application on the basis of an ongoing matter before the Landlord and Tenant Board.
4The applicant has not filed a Reply and the time for doing so under the Tribunal’s Rules has elapsed.
5It appears from the Response and correspondence from the respondent dated June 14, 2010 that the Landlord and Tenant matter is ongoing.
REQUEST TO DISMISS
6Section 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.
7For section 45.1 to apply, the respondent must demonstrate that:
a. the matter before the Landlord Tenant Board is a proceeding within the meaning of the Code; and
b. the matter before the Landlord and Tenant Board has reached its conclusion and has “appropriately dealt with” the substance of the Application.
8Based on the material before me, it appears that the Landlord and Tenant Board matter is ongoing and has not reached its conclusion. Accordingly, section 45.1 does not apply and the Request to dismiss is denied.
REQUEST TO DEFER
9The Tribunal may defer consideration of an application on such terms as it may determine, on its own initiative or at the request of any party (Rule 14.1). Deferral ensures that proceedings dealing with the same issues do not run concurrently, thereby raising the possibility of inconsistent decisions on facts or law.
10The Tribunal will generally defer an application where there is ongoing litigation based on the same facts and issues. However, the Tribunal must also consider, in light of the particular circumstances of each case, whether deferral is the most fair, just and expeditious way of proceeding with the application. Deferral is not automatically invoked simply because the parties are involved in other legal proceedings.
11Based on the materials filed, I find that there is significant overlap between the subject matter of the Application and the application filed with the Landlord and Tenant Board. In both matters, the applicant raises concerns that the respondent discriminated against her based on, among other things, her ethnic origin in its response to complaints the applicant made regarding her lodgings.
12The Landlord and Tenant Board conducted a hearing in June 2010. Based on the materials before me, I understand that the Landlord and Tenant Board has not issued a decision to date.
13In light of the overlap between the two matters and given that the Landlord and Tenant Board matter is at an advanced stage, it is appropriate to defer consideration of the Application pending the conclusion of the Landlord and Tenant Board matter.
14The Tribunal directs the parties’ attention to Rules 14.3 and 14.4, which outline the procedure by which a party may request that the Application proceed.
15I am not seized of this matter.
Dated at Toronto, this 20th day of October, 2010.
”signed by”________________
Michelle Flaherty
Vice-chair