Human Rights Tribunal of Ontario
Between:
Katherine Lin Applicant
-and-
Qing Qing Li and Jie Mei Li Respondents
Decision
Adjudicator: Naomi Overend Date: September 21, 2015 Citation: 2015 HRTO 1252 Indexed as: Lin v. Qing Qing Li
Written Submissions
Katherine Lin, Applicant Self-represented
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code") alleging discrimination with respect to housing. Specifically, the applicant alleges she was harassed on the basis of her ancestry, place of origin, ethnic origin and reprisal.
2On August 24, 2015, the Tribunal sent the applicant a Notice of Intent to Dismiss advising the applicant that a review of the Application and the narrative setting out the incidents of alleged discrimination failed to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the respondent.
3The applicant filed submissions in response to the Notice on August 31, 2015. The applicant did not address the issue of the absence of a link to the grounds she selected, but instead reiterated the allegations contained in her Application. Her submissions also contain allegations concerning the conduct and motivation of the Tribunal Registrar.
Analysis and Decision
4An application will only be dismissed at a preliminary stage if it is "plain and obvious" on the face of the application that it does not fall within the Tribunal's jurisdiction. See Masood v. Bruce Power, 2008 HRTO 381.
5The Tribunal's jurisdiction is limited to enforcement of the Code. Therefore, to be within the Tribunal's jurisdiction an Application must contain allegations that connect a respondent's behaviour to one or more prohibited ground of discrimination. The Application and submissions deals with allegations of what appear to be violent and abusive behaviour, but on the face of these documents, there is no connection between this treatment and any ground in the Code.
6In these circumstances, I find that it is plain and obvious that the subject matter of the Application is not conduct prohibited by the Code and is, therefore, not within the jurisdiction of the Tribunal.
7The Application is dismissed.
Dated at Toronto, this 21st day of September, 2015.
"Signed By"
__________________________________ Naomi Overend Vice-chair