HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Susan Devoe
Applicant
-and-
Prabha Haran
Respondent
INTERIM DECISION
Adjudicator: Ken Bhattacharjee
Indexed as: Devoe v. Haran
WRITTEN SUBMISSIONS
Susan Devoe, Applicant ) Self-represented
INTRODUCTION
1The purpose of this Interim Decision is to address the applicant’s Request that the proceedings be expedited.
BACKGROUND
2The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, on April 17, 2012, which alleges that the respondent discriminated against her with respect to housing because of her disability, family status, marital status, age, and receipt of public assistance, and subjected her to reprisal. She also filed a Request to Expedite Proceedings.
3The applicant identifies as a disabled senior who is also single, childless, and in receipt of public assistance. She states that she has serious mobility issues related to her disabilities. She states that she is currently living on the second floor of an apartment building which is only accessible by stairway and is not safe because there is no fire escape. She states that a first floor apartment is currently available for viewing. She alleges that she requested that the respondent, who is her landlord, allow her to transfer to the first floor apartment to accommodate her disability-related needs, but he refused and is currently showing the apartment to other prospective tenants.
4In support of her Request to Expedite Proceedings, the applicant attached a letter from her physician which states:
This is to confirm that Susan Devoe is currently under my care. She has severe [medical problems].
All of these medical problems result in challenges with her mobility, and are a significant disability for her. It is therefore imperative that her apartment be accessible without stairs.
The applicant states that she provided a copy of this letter to her landlord to no avail.
5On April 20, 2012, the Tribunal delivered the Application and Request to Expedite Proceedings to the respondent by courier, and directed him to file a Response to the Request to Expedite by April 27, 2012. The respondent did not file a Response by the due date.
ANALYSIS
6The Tribunal’s Rules of Procedure provide for applications to be dealt with in an expedited manner in urgent circumstances. Rule 21.1 provides that an applicant may request that the Tribunal deal with an Application on an expedited basis in circumstances which require an urgent resolution of the issues in dispute. Rule 21.2 requires an applicant seeking an expedited application to identify any urgent circumstances that may affect the fair and just resolution of the merits of the application, and the harm that would result if the request is denied.
7Furthermore, in Weerawardane v. 2152458 Ontario Ltd., 2008 HRTO 53, at para. 9, the Tribunal held that, for a request to expedite to be granted, the applicant must demonstrate that the circumstances are truly urgent, requiring the resolution of the human rights dispute in a particularly rapid manner as compared with the time required to complete the Tribunal’s regular process.
8Based on the materials before me, I am satisfied that the applicant has identified urgent circumstances that require the resolution of the dispute in a particularly rapid manner. The applicant is elderly, has serious mobility issues related to her disabilities, is on a fixed income, and is currently living on a second floor apartment which requires her to walk up and down stairs and has no fire escape. Furthermore, there is an apartment on the first floor of the respondent’s building which is currently available and meets her disability-related needs, but it may be rented to someone other than the applicant imminently.
9In these circumstances, the Tribunal directs the parties to attend a half-day hearing on Tuesday, May 8, 2012, at 1:30 PM, to address whether the Tribunal should issue an interim remedy in this case. This Interim Decision will serve as Notice of Confirmation of Hearing. The hearing will take place at the Tribunal’s hearing centre at 655 Bay Street, 14th Floor, Toronto, ON.
10Rule 23 of the Tribunal’s Rules deals with interim remedies. Rule 23.2 states that the Tribunal may grant an interim remedy where it is satisfied that:
a) the Application appears to have merit;
b) the balance of harm or convenience favours granting the interim remedy requested; and
c) it is just and appropriate in the circumstances to do so.
11The Tribunal’s Rules and other documents that may assist the parties in preparing for the hearing can be found on the Tribunal’s website at: http://www.hrto.ca/hrto/
12For further guidance on the interim remedy issue, the parties may also refer to the Tribunal’s Interim Decision in TA v. 60 Montclair, 2009 HRTO 369, which can be found online at: http://www.canlii.org/en/on/onhrt/index.html
13The parties are directed to bring any relevant witnesses or documents with them to the hearing.
14The Tribunal also directs the parties’ attention to Rule 15A which provides:
15A.1 With the agreement of the parties, the Tribunal member hearing an Application may act as mediator. In such circumstances, the mediator may continue to hear the matter as adjudicator.
15A.2 Where the parties agree to mediation-adjudication, they must sign a mediation-adjudication agreement before the mediation commences.
The parties shall advise the Tribunal at the outset of the hearing if they are interested in participating in a Mediation-Adjudication.
ORDER
15The Tribunal makes the following orders and directions:
The parties shall attend a half-day hearing on Tuesday, May 8, 2012, at 1:30 PM, at 655 Bay Street, 14th Floor, Toronto, ON, to address to address whether the Tribunal should issue an interim remedy in this case.
The parties shall bring any relevant witnesses or documents with them to the hearing.
The parties shall advise the Tribunal at the outset of the hearing if they are interested in participating in a Mediation-Adjudication.
16I am not seized of this matter.
Dated at Toronto, this 3rd day of May, 2012.
“Signed by”
Ken Bhattacharjee
Vice-chair