Ross v. Dykstra Brothers Electric Limited, 2015 HRTO 819

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Howard Allen Ross

Applicant

-and-

Dykstra Brothers Electric Limited, Ralph Dykstra and William Dykstra

Respondents

INTERIM DECISION

Adjudicator: Keith Brennenstuhl

Date: June 18, 2015

Citation: 2015 HRTO 819

Indexed as: Ross v. Dykstra Brothers Electric Limited

APPEARANCES

Howard Allen Ross, Applicant

Self-represented

Dykstra Brothers Electric Limited, Ralph Dykstra and William Dykstra, Respondents

C. April Stewart, Paralegal

1This Application alleges discrimination with respect to housing because of disability and reprisal or threat of reprisal contrary the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). In particular the applicant alleges that the respondent landlord harassed him because he was a medically-approved consumer of marihuana which he grew and stored in his rented premises pursuant to a personal use production license.

2At the request of the respondents, the Tribunal directed a summary hearing, which was held by telephone conference call on June 10, 2015.

3The issue before me is whether the Application should proceed or whether it should be dismissed as having no reasonable prospect of success. The Tribunal’s Practice Direction on Summary Hearings states:

A summary hearing usually considers:

• whether, assuming all of the allegations are true, the Application has no reasonable prospect of success. In these cases, the focus will generally be on the legal analysis and whether what the applicant alleges may be reasonably considered to amount to a Code violation; and/or

• whether there is a reasonable prospect that the applicant can prove on a balance of probabilities, that his or her Code rights were violated by the respondent(s). The applicant has to show that he or she can make a link between the event that led to the Application and the alleged ground(s) of discrimination.

4Rule 19A.6 of the Tribunal’s Rules of Procedure states that where the Tribunal decides not to dismiss an Application following a summary hearing, it need not give reasons.

5At the summary hearing stage, the Tribunal does not hear evidence and a finding that an Application should not be dismissed as having no reasonable prospect of success means only that the Application will continue to be processed. It is not a finding that there is a reasonable prospect of success.

6In this case, I am satisfied that the Application cannot be dismissed as having no reasonable prospect of success. The Tribunal will continue to process the Application and schedule a one-day merits hearing.

7I am not seized of this matter.