Yohannes Adamsu v. Metropolitan Toronto Condominium Corporation No. 997 and Peter Tiller, 2016 HRTO 357

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Yohannes Adamsu

Applicant

-and-

Metropolitan Toronto Condominium Corporation No. 997 and Peter Tiller

Respondents

INTERIM DECISION

Adjudicator: David Muir Date: March 21, 2016 Citation: 2016 HRTO 357 Indexed as: Adamsu v. Metropolitan Toronto Condominium Corporation No.997

WRITTEN SUBMISSIONS

Yohannes Adamsu, Applicant

Richard Miller, Counsel

Metropolitan Toronto Condominium Corporation No. 997 and Peter Tiller, Respondents

Fiona Brown, Counsel

1This Application alleges discrimination with respect to housing because of ancestry, disability, race, colour, place of origin and ethnic origin contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2This Interim Decision deals with a Request for Order During Proceeding (“Request”) filed by the respondents seeking the removal of the personal respondent.

DECISION

3Both parties relied on the factors discussed in the Tribunal’s Decisions in Sigrist and Carson v. London District Catholic School Board, 2008 HRTO 14 at para. 42 and Persaud v. Toronto District School Board, 2008 HRTO 31 at para. 5.

4Having regard to the factors in those Decisions the Request is denied.

5The respondents argue that the personal respondent is or was the Chair of the Board of the organizational respondent and was at all times acting within the scope of his employment. This is perhaps so in some sense but the applicant has made allegations of conduct on the part of the personal respondent that if proved might lead to a finding of discrimination and possible remedies as against the personal respondent. For this reason alone it is not appropriate to remove the personal respondent at this stage.

6The Request is denied.