HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Anna Shulyzki
Applicant
-and-
Homelife Victory Realty Inc., Brokerage and Marco Momeni
Respondents
INTERIM DECISION
Adjudicator: Sherry Liang
Indexed as: Shulyzki v. Homelife Victory Realty Inc.
1This is an Application filed on February 3, 2012, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
2On March 1, 2012, the Tribunal issued a Notice of Intent to Dismiss, in which it indicated that it appears the Application is outside the Tribunal's jurisdiction because it fails to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the respondents. The applicant was directed to file written submissions on the issues identified, and advised that if she did not, the Tribunal may make a decision based only on the information in the Application or may consider the failure to respondent as an abandonment of the Application.
3The applicant did not file submissions and the time for doing so has passed. I have decided not to treat the failure to file submissions as an abandonment of the Application.
4An application will only be dismissed at a preliminary stage, before it is served on the respondents, if it is "plain and obvious" on the face of the application that it does not fall within the Tribunal's jurisdiction.
5On the basis of the allegations made in the Application, which are at this stage unchallenged, I find it is not "plain and obvious" that it does not fall within the Tribunal's jurisdiction. Consequently the Tribunal will continue, at this point, to process the Application.
6The Tribunal shall serve the Application and a copy of this Interim Decision on the respondents. This is not a final decision with respect to the merits of the Application.
7I am not seized of this matter.
Dated at Toronto, this 24th day of April, 2012.
"Signed by"
Sherry Liang
Vice-chair