Chandler v. Toronto Community Housing Corporation, 2014 HRTO 887

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Corey Chandler

Applicant

-and-

Toronto Community Housing Corporation

Respondent

INTERIM DECISION

Adjudicator: Ken Bhattacharjee

Date: June 17, 2014

Citation: 2014 HRTO 887

Indexed as: Chandler v. Toronto Community Housing Corporation

WRITTEN SUBMISSIONS

Corey Chandler, Applicant

Self-represented

1The purpose of this Interim Decision is to decide whether the Tribunal should dismiss the Application on a preliminary basis because it is outside the Tribunal’s jurisdiction.

2On February 24, 2014, the applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), which alleged that the respondent discriminated against him because of his disability with respect to services, and subjected him to reprisal. Specifically, he alleged that the respondent refused to adjust the rent arrears on his account as agreed to in a settlement mediated by the Landlord and Tenant Board, denied him information to services for eviction prevention in the event that his disability kept him off work, and subjected him to reprisal because he claimed his right to financial hardship services.

3On May 5, 2014, the Tribunal’s Registrar issued the applicant a Notice of Intent to Dismiss, which informed him that the Application appears to be outside of the Tribunal’s jurisdiction because the Application and the narrative setting out the incidents of alleged discrimination fail to identify any specific acts of discrimination within the meaning of the Code. The Tribunal invited the applicant to provide written submissions to explain how the respondent is alleged to have breached the Code.

4On June 4, 2014, the applicant filed written submissions, which stated that he was denied access to a program that provides relief during financial hardship that may be caused by a disability. He stated that because his disability is invisible, the respondent perceived that he did not have a disability and was lying, even though he had submitted medical documentation. He further stated that the respondent subsequently threatened him with reprisal and later gave him an eviction notice.

5Rule 13.1 of the Tribunal’s Rules of Procedure provides that the Tribunal may dismiss an application that is outside the jurisdiction of the Tribunal. Rule 13.2 further states that where it appears to the Tribunal that an application is outside its jurisdiction, it shall, prior to sending the application to the respondent, issue a Notice of Intent to Dismiss the Application. The Notice is only sent to the applicant, and requires him or her to file written submissions. Under the Tribunal’s jurisprudence, an application will only be dismissed at this preliminary stage if it is “plain and obvious” on the face of the application that it does not fall within its jurisdiction. See Masood v. Bruce Power, 2008 HRTO 381; Morin v. Alliance de la fonction publique du Canada, 2008 HRTO 58; and Hotte v. Ontario (Finance), 2008 HRTO 63.

6In my view, it is not plain and obvious that the Application is outside the Tribunal’s jurisdiction.

7The Tribunal shall serve the Application, the Notice of Intent to Dismiss, the applicant’s subsequent written submissions, and a copy of this Interim Decision on the respondent.

8I am not seized of this matter