Legault v. Whitewater Seniors Residence, 2015 HRTO 1397

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Roger Legault

Applicant

-and-

Whitewater Seniors Residence, Berthe Lafond, and Waterloo Region Housing

Respondents

DECISION

Adjudicator: Brian Cook

Date: October 21, 2015

Citation: 2015 HRTO 1397

Indexed as: Legault v. Whitewater Seniors Residence

WRITTEN SUBMISSIONS

Roger Legault, Applicant

Self-represented

1This Application alleges discrimination with respect to housing contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2After the Tribunal received and reviewed the Application, it was not clear that the things that the applicant raised in the Application were things that this Tribunal has any power to deal with.

3The Tribunal issued a Case Assessment Direction on October 1, 2015, and invited the applicant to clarify how the things that he says he has experienced are related to the Code. The applicant has sent several letters to explain his position.

4The Application has not been sent to the respondents because it is first necessary to determine if the Tribunal can deal with any of the things that the applicant raises.

5It is clear that the applicant is particularly concerned about a residence where he lived in the past, and the person who was the manager of that residence. The applicant filed an earlier Application about those experiences which was dismissed by the Tribunal because the substance of the Application had been appropriately dealt with by the Landlord and Tenant Board. It is clear that the applicant does not agree that the Landlord and Tenant Board appropriately dealt with his concerns. However, the applicant cannot now try to bring a new Application that raises the same concerns as the earlier Application which was dismissed.

6The applicant believes that he has experienced continuing harassment resulting from his time in the residence. However, as noted in the Case Assessment Direction, the applicant no longer has any housing-related connection to the residence because he no longer lives there.

7The applicant believes that the continuing harassment has impacted on his current living arrangements with Waterloo Region Housing and that individuals from the previous residence are responsible for this. He suggests that Waterloo Region Housing may also be involved in the harassment.

8As noted in the earlier Case Assessment Direction, the Tribunal does not have the power to deal with all allegations of unfair treatment or harassment. The Tribunal can only deal with allegations of unfair treatment or harassment that have something to do with the Code. In the Application, the applicant indicated that the harassment may have to do with a disability. Disability is a Code-protected ground. However, in the applicant’s explanations of what has happened, there is no allegation that anything that Waterloo Region Housing may have done has anything to do with disability.

9The allegations about the former residence may have had something to do with disability, but as noted, the applicant is no longer living there and there is no continuing housing-related relationship. As well, an earlier Application about those matters has been dismissed by the Tribunal.

10The allegations about the applicant's current living arrangements do not include an allegation of discrimination on the basis of disability or any other Code-related ground. Those allegations relate to allegations of continuing harassment but the alleged harassment does not include any allegation that the harassment is related to any Code protected ground. As noted, the Tribunal does not have the power to deal with all allegations of unfair treatment or harassment.

11For these reasons, the Tribunal concludes that the Application is not something that this Tribunal can deal with and it is dismissed on that basis.