Matthews v. Simerra Property Management, 2011 HRTO 73

1This Interim Decision relates to the request by the respondent, Simerra Property Management Inc. (SPM) to consolidate the Applications in Tribunal files 2009-03556-I and 2010-06519-I.

2The applicants, Priscilla Matthews and Wilfrid Judge, filed their Applications under s.34 of the Human Rights Code, R.S.O. 1990 c. H.19 as amended (the “Code”), on September 18, 2009 and August 9, 2010 respectively.

3SPM filed a Request for Order During Proceedings (“RFOP”) on December 6, 2010 requesting the consolidation of the Applications. The RFOP was served on both applicants and the respondents Baywood Homes and Simcoe Standard Condominium Corporation No. 338. None of the parties submitted a Response to the RFOP.

4The authority to consolidate or hear applications together is found in Rule 1.7(d) of the Rules of Procedure. The basis for such consolidation is to provide for the fair, just and expeditious resolution of the matters before the Tribunal.

5In this case, the facts and issues in both Applications are common and interrelated. The applicants allege that the respondents discriminated against them on the basis of disability, and in the case of Ms. Matthews also on the basis of age, in respect of housing. In essence, the applicants allege that the respondents breached their duty to accommodate them to the point of undue hardship by refusing to assign them parking spaces at the condominium building in which they live reflective of their mobility needs.

6I am satisfied that there is strong public interest in avoiding the inconvenience to the parties and their witnesses, the repetition of evidence and the risk of inconsistent results that would be involved in hearing these matters separately. SPM’s Request to consolidate these two matters is therefore granted.

7I am not seized.