Fatmata Kallon v. Metcap Living Management Inc., 2011 HRTO 2141

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Fatmata Kallon

Applicant

-and-

Metcap Living Management Inc.

Respondent

DECISION

Adjudicator: Jay Sengupta

Date: November 29, 2011

Citation: 2011 HRTO 2141

Indexed as: Kallon v. Metcap Living Management

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”).

2On October 28, 2011, the Tribunal sent the applicant a Notice of Intent to Dismiss (NOID) as some or all of the Application appeared to be outside the Tribunal’s jurisdiction. Specifically the NOID indicated that:

A review of the Application and the narrative setting out the incidents of alleged discrimination fails to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the respondent(s).

3The applicant was directed to provide written submissions responding to the jurisdiction issues identified no later than November 17, 2011.

4On November 16, 2011, the applicant submitted a package of documents containing correspondence between the parties and pleadings and decisions from Landlord and Tenant Board applications and Divisional Court proceedings involving the parties.

5The Application alleges reprisal in the area of housing.

6The Tribunal does not have a general power to regulate relationships in the social area of housing, but hears applications that allege violations of the Code.

7Section 2 of the Code reads as follows:

(1) Every person has a right to equal treatment with respect to the occupancy of accommodation, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, disability or the receipt of public assistance.

(2) 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.

8Under s.8, every person has a right to claim and enforce his or her rights under the Code to institute and participate in proceedings under the Code and to refuse to infringe a right of another person under the Code, without reprisal or threat of reprisal for so doing.

9While it is clear from the materials submitted that the applicant was having difficulties with her landlord, most particularly because she alleges that she raised issues about necessary repairs, insect infestations and other health related concerns, she has not provided any information concerning discrimination or harassment on the basis of prohibited grounds. Nor has she provided any information linking the alleged reprisal to attempts on her part to enforce her rights under the Code.

10The Tribunal finds that the Application does not raise matters which the Tribunal has the power to decide. Accordingly, the Application is dismissed.