HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Maria Rots
Applicant
-and-
Lansdowne Property Management
Respondent
DECISION
Adjudicator: Dawn J. Kershaw
Indexed as: Rots v. Lansdowne Property Management
Introduction
1This Application, filed on March 21, 2013, under section 34 of the Human Rights Code, R.S.O. 1990, c.H.19 as amended (the “Code”), alleges discrimination with respect to housing because of family status, marital status and receipt of public assistance, as well as harassment.
2On April 19, 2013, the Tribunal issued a Notice of Intent to Dismiss (“NOID”) to the Application as it appeared that the Application was outside the Tribunal’s jurisdiction because:
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.
3The NOID directed the applicant to provide submissions by May 21, 2013 with respect to whether the Tribunal has the jurisdiction to consider her Application. The applicant provided no written submissions with respect to this issue although she did submit further documents and e-mail correspondence.
4I have reviewed all of the applicant’s e-mails, documents and Application. The applicant indicates that she was arrested for dialling 9-1-1, and ordered by the Landlord and Tenant Board to pay to the landlord the sum of $200.00 for fees.
ANALYSIS AND DECISION
5The applicant does not provide any facts that support a claim of discrimination or explain how any alleged discriminatory treatment is related to any of the grounds identified in her Application.
6An application will only be dismissed at a preliminary stage, before it is served on the respondent, if it is “plain and obvious” on the face of the application that it does not fall within the Tribunal’s jurisdiction. See, for example, Masood v. Bruce Power, 2008 HRTO 381.
7A claim of discrimination in accommodation is based on subsection 2(1) of the Code, as follows:
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, gender identity, gender expression, age, marital status, family status, disability or the receipt of public assistance.
8A claim for harassment in accommodation is based on subsection 2(2) of the Code, as follows:
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, sexual orientation, gender identity, gender expression, age, marital status, family status, disability or the receipt of public assistance.
9I find that the applicant has failed to identify any act of discrimination that is related to the Code based on family status, marital status or receipt of public assistance, and therefore these allegations are outside the Tribunal’s jurisdiction.
10The applicant has made no claims that the alleged harassment or differential treatment in her accommodation was due to any of the listed grounds. The applicant makes only one allegation in the Application against the other tenant, which is that he left a note on her door saying she was “unscrupulous”. She also alleges in later correspondence that he calls her names, which are not related to any Code ground. The applicant does not allege that the alleged behaviour by the tenant toward her is related to any ground under the Code.
11The applicant also alleges that someone called 9-1-1 and she was arrested for it, but makes no allegation this was due to any Code ground.
12The applicant alleges that the Landlord and Tenant Board ordered her to pay the landlord $200, but does not allege that this was related to any Code ground.
13It is plain and obvious that the Tribunal has no jurisdiction to deal with the applicant’s Application.
14This Application is dismissed.
Dated at Toronto, this 6^th^ day of June, 2013.
”signed by”
Dawn J. Kershaw
Vice-chair