Ruth Baffoe v. 481039 Ontario Ltd., 2011 HRTO 1235

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ruth Baffoe

Applicant

• and-

481039 Ontario Ltd., 1865 Martingrove Road Apartments and Ron Sicard

Respondents

INTERIM DECISION

Adjudicator: Naomi Overend

Date: June 27, 2011

Citation: 2011 HRTO 1235

Indexed as: Baffoe v. 481039 Ontario Ltd.

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H-19, as amended, (the “Code”), on January 19, 2009, alleging discrimination in housing against two respondents. No Response was received until the Tribunal issued an Interim Decision setting out the consequences of failure to respond to a human rights application.

2When the Response was received, the only contact information was for an entity by the name of “1865 Martingrove Apts. Apartment Building,” which was listed as a sole proprietorship, owned by Evelyn Librach. In the Application, Ms. Librach had been named as the contact person for 481039 Ontario Ltd.

3It is now not clear whether (1) the building is owned in whole or in part by 481039 Ontario Ltd. or (2) 481039 Ontario Ltd. is in any way responsible for the management of the property in question. It is also not clear whether 1865 Martingrove Road Apartments is the owner and/or the property manager of the property in question.

4Ms. Librach was directed to provide this information to the Tribunal within 14 days of receipt of a January 6, 2011 Case Assessment Direction (“CAD”), but did not respond. Accordingly, both 481039 Ontario Ltd. and 1865 Martingrove Road Apartments are named in the style of cause as respondents.

5More recently, Ms. Librach wrote to the Tribunal on May 25, 2011 indicating that the property located at 1865 Martingrove Road had been sold and that new owners were “taking over” on that date. The respondents, 481039 Ontario Ltd. and 1865 Martingrove Road Apartment, are directed to deliver to the applicant and the Tribunal a copy of that sale agreement. Any reference to the purchase price may be redacted (blacked out) on the copies of the sale agreement.

6Without any information concerning the assumption of liabilities for the building and/or the property by the purchaser, the Tribunal will continue the proceeding against the currently named respondents.

7If 481039 Ontario Ltd. or 1865 Martingrove Road Apartments take the position that the new owner of the building assumed the liabilities of the building or property, it is directed to provide notice of this Application to the new owner and name it as an additional respondent. This material should be delivered to the applicant, the other respondent and the Tribunal forthwith.

8I am not seized of this matter.