Tsoref v. Frastell Property Management Inc., 2011 HRTO 2270

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Daliah Tsoref Applicant

• and-

Frastell Property Management Inc. Respondent

INTERIM DECISION

Adjudicator: Naomi Overend Date: December 19, 2011 Citation: 2011 HRTO 2270 Indexed as: Tsoref v. Frastell Property Management Inc.

1The applicant filed an Application on May 19, 2011, under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) alleging discrimination with respect to housing on the basis of family status. She and her husband also filed an Application to the Landlord and Tenant Board (“LTB”) for an order that the respondent, among other things, harassed them and substantially interfered with their enjoyment of their rented unit.

2On September 9, 2011, the Tribunal issued an Interim Decision, 2011 HRTO 1673, deferring the Application pending the completion of the LTB hearing and receipt of the LTB Decision. The applicants sent the LTB Decision, dated October 25, 2011, along with a Request for Order During Proceedings (Form 10) asking the Tribunal to reactivate the Application.

3The respondent opposes the reactivation on the basis that the Order of the LTB was stayed on November 9, 2011, pending a review of the LTB Application. The respondent had previously filed a Request to Review an Order, and that review is scheduled to take place on December 19, 2011. If the original Decision of the LTB is not upheld on review, the respondent advises it can be set aside and a new hearing ordered.

4Accordingly, it would appear that until such time as the Decision is upheld on review or a new hearing is held and decision rendered, the LTB process is not complete. For the reasons set out in Vice-chair Chadha’s Interim Decision, it would be appropriate to extend the deferral of this matter until the LTB process, as described in this paragraph, is completed.

5The Tribunal again directs the parties’ attention to Rules 14.3 and 14.4, which outline the procedure by which a party may request that the Application be reactivated after deferral.

6I am not seized of this matter.