Anne Marsden v. Board of Directors of the Halton Condominium Corporation No. 41 and The Active Group, 2015 HRTO 1543

Human Rights Tribunal of Ontario

B E T W E E N:

Anne Marsden Applicant

-and-

Board of Directors of the Halton Condominium Corporation No. 41 and The Active Group Respondents

INTERIM DECISION

Adjudicator: Jo-Anne Pickel Date: November 16, 2015 Citation: 2015 HRTO 1543 Indexed as: Marsden v. Board of Directors of the Halton Condominium Corporation No. 41

WRITTEN SUBMISSIONS

Anne Marsden, Applicant Self-represented

Board of Directors of the Halton Condominium Corporation No. 41, Respondent K. C. Wysynski, Counsel

1This Interim Decision confirms the ruling set out in a previous Case Assessment Direction (“CAD”) that this Application is dismissed against the respondent Halton Condominium Corporation No. 41 (“HCC No. 41”).

2By Request for Order During Proceedings dated September 25, 2015, the applicant requested that the Tribunal dismiss this Application as against HCC No. 41. I confirmed by CAD that the Application was dismissed as against HCC No. 41 with reasons to follow.

3In that CAD, I also directed that a preliminary hearing be held to address the three following issues:

a. Whether the entire Application should be dismissed as an abuse of process;

b. Alternatively, whether the Application as against The Active Group should be dismissed on the basis that it stands no reasonable prospect of success; and

c. Whether the Tribunal should declare the applicant to be a vexatious litigant with respect to these respondents.

order

4The Application as against HCC No. 41 is dismissed with reasons to follow.

5The Tribunal’s Registrar is currently scheduling the preliminary hearing into the issues set out in para. 3 above.