Millien v. 1474367 Ontario, 2010 HRTO 2288

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Felix Millien

Applicant

-and-

1474367 Ontario Inc. and George Viahakis

Respondents

INTERIM DECISION

Adjudicator: Ena Chadha

Date: November 17, 2010

Citation: 2010 HRTO 2288

Indexed as: Millien v. 1474367 Ontario

1The applicant filed an Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code") on December 10, 2009, alleging discrimination and reprisal in the area of housing because of race, colour, disability and receipt of public assistance. The Application contains numerous incidents of alleged mistreatment since 2005 involving over half a dozen Landlord and Tenant Board ("LBT") applications and proceedings.

2The respondents submit that the Application should be dismissed because the allegations contained in the Application are the same as those already dealt with by the various LBT proceedings.

3Both parties submitted various materials arising out of the LBT proceedings. These materials indicated that the applicant had been charged with criminal offences of mischief and threats in relation to a number of the issues raised in his Application and the Response.

4On July 27, 2010, the Tribunal issued a Case Assessment Direction indicating that the parties were required to file submissions with respect to whether or not the Application should be deferred pending the conclusion of the criminal matter.

5The applicant filed submissions on August 5, 2010 opposing deferral. Despite previous reminders from the Tribunal regarding the obligation of parties to serve copies of their materials on other parties, Rules 1.20-1.21, and the requirement to file a statement of delivery with the Tribunal verifying delivery of documents, Rule 1.23, the applicant did not serve the respondents or file verification with the Tribunal in accordance with the Tribunal's Rules of Procedure. On August 6, 2010, the Tribunal directed the applicant to forward a copy of his submissions to the respondents and confirm delivery by filing a statement of delivery.

6As of the date of this Interim Decision, the applicant has failed to comply with the Tribunal's directions. The applicant wrote to the Tribunal on September 15, 2010, indicating that the criminal charges had been withdrawn, but again failed to copy the respondents or file verification of delivery with the Tribunal.

7On September 15, 2010, counsel for the respondents wrote to the Tribunal, copied to the applicant, advising that counsel was recently retained and seeking an extension to file submissions in accordance with the Case Assessment Direction. The Tribunal granted an extension until October 8, 2010; however, the respondents did not file submissions.

DEFERRAL

8The applicant indicates that the criminal charges have been withdrawn and therefore the circumstances giving rise to consideration of deferral no longer exist. As such, the Tribunal will proceed to deal with the respondents' request to dismiss.

REQUEST TO DISMISS

9Section 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.

10For section 45.1 to apply, the respondent must demonstrate that:

a. the matter before the LTB is a proceeding within the meaning of the Code; and

b. the matter before the LTB has reached its conclusion and has "appropriately dealt with" the substance of the Application.

11The Tribunal makes the following orders:

a) Within ten days of this Interim Decision, the applicant must provide written confirmation to the Tribunal copied to counsel for the respondents that he has complied with Rules 1.20-1.23 with respect to all of his previous correspondence and communications with the Tribunal. If he does not do so, the Tribunal may dismiss this Application as being abandoned;

b) Upon receipt of the applicant's written confirmation, the Registrar will schedule a one hour conference call to hear the parties' submissions with respect to the section 45.1 issue;

c) Parties are directed to file with the Tribunal and deliver to each other any additional written submissions, documents or case law 21 days before the date of the conference call.

12I am not seized.