Dana Silk v. Ian Matthews, 2011 HRTO 1596

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Dana Silk

Applicant

• and-

Ian Matthews

Respondent

INTERIM decision

Adjudicator: Ian R. Mackenzie

Date: August 25, 2011

Citation: 2011 HRTO 1596

Indexed as: Silk v. Matthews

wRITTEN SUBMISSIONS

Dana Silk, Applicant ) Self-represented

Ian Matthews, Respondent ) Self-represented

1Dana Silk has filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), alleging discrimination in housing on the basis of sex, including sexual harassment and gender identify. Ian Matthews, the respondent, states in his Response that the applicant and the respondent do not live in the same building.

2Subsection 2(2) of the Code reads as follows:

Every person who occupies accommodation has a right to freedom from harassment by the landlord or agent of the landlord or by an occupant of the same building because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, age, marital status, family status, disability or the receipt of public assistance.

3On August 11, 2011, the Tribunal issued a Case Assessment Direction (CAD) asking for submissions on the issue of the jurisdiction of the Tribunal, given the allegation that the applicant and respondent were not resident in the same building.

4The applicant submitted that the applicant and respondent live in the same building, commonly known as Gallery Court and legally registered as a single condominium. There are common areas to both physical addresses of the condominium. The applicant also submitted that the building has the same superintendent and the same management company.

5It appears that although the condominium has two addresses, it is one condominium with common areas. Accordingly, I find that the applicant and the respondent are occupants of the same building, within the meaning of the Code.

6There is no basis to dismiss the Application as outside the jurisdiction of the Tribunal at this time, and it will continue to be processed in the normal course.

7I am not seized.