Makobero v. CRC Self Help Inc., 2017 HRTO 1605

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Robert Makobero

Applicant

-and-

CRC Self Help Inc. and Fabiana Spehar

Respondents

INTERIM DECISION

Adjudicator: Josée Bouchard

Date: December 4, 2017

Citation: 2017 HRTO 1605

Indexed as: Makobero v. CRC Self Help Inc.

WRITTEN SUBMISSIONS

Robert Makobero, Applicant

Self-represented

CRC Self Help Inc. and Fabiana Spehar, Respondents

Maya Smith, Counsel

1This Interim Decision addresses whether the Application should be deferred pending the outcome of the applicant’s application to the Landlord and Tenant Board (“LTB”), file number TST-83541-17, filed on March 29, 2017.

2The applicant filed an Application alleging discrimination with respect to housing because of race, place or origin and citizenship contrary to the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”). Specifically, the applicant alleged that he is the subject of xenophobia by his co-tenants and the janitor of the building.

3In their Response, the respondents have requested that the Tribunal defer the Application because the applicant filed an application to the LTB pertaining to the same issue. As part of their submissions, the respondents attached the application filed with the LTB.

4On July 26, 2017, the Tribunal issued a Notice of Deferral of Application requesting submissions from the parties on whether the Application should be deferred.

5The applicant responded by objecting to the deferral and asking that the Application continue to be processed.

6The respondents filed submissions arguing that the relief sought and the facts that underlie the application to the LTB are the same or substantially the same as the relief sought and the facts that underlie the Tribunal Application. The respondents indicate that on August 29, 2017, the parties appeared before the LTB for the hearing of the application. Ultimately, the LTB application was adjourned in order to, among other things, provide the respondents with an opportunity to review certain particulars of the LTB application that were not disclosed to the respondents prior to the hearing.

findings

7The Tribunal may defer consideration of an application on such terms as it may determine, on its own initiative or at the request of any party (Rule 14.1 of the Tribunal’s Rules of Procedure). Deferral of an application seeks to ensure that proceedings dealing with the same facts or issues do not run concurrently, thereby raising the possibility of inconsistent decisions on facts or law.

8The Tribunal generally considers the following factors in determining whether to defer consideration of an application: the subject matter of the other proceeding; the nature of the other proceeding; the type of remedies available in the other proceeding; and whether it would be fair overall to the parties to defer the application having regard to the status of each proceeding and the steps that have been taken to pursue them. See Baghdasserians v. 674469 Ontario, 2008 HRTO 404.

9In this case, there is substantial overlap between the facts and human rights issues raised in the Application and those raised in the LTB application. Due to this overlap, there would be a significant possibility of inconsistent decisions on facts or law if the proceedings were to run concurrently. Therefore, I find it appropriate to defer consideration of the Application pending the conclusion of the LTB proceeding.

10If the applicant believes that the LTB proceeding did not appropriately deal with the substance of his Application, he may seek to re-activate his deferred Application. However, the applicant should take note that, under s. 45.1 of the Code, the Tribunal has the power to dismiss Applications if the substance of an Application has been appropriately dealt with in another proceeding.

11Rules 14.3 and 14.4 of the Tribunal’s Rules of Procedure address how the Application may be brought back before the Tribunal following conclusion of another proceeding. It should be noted that, a party wishing to proceed with an application must file a Request for Order During Proceedings (Form 10) no later than 60 days after the conclusion of the other proceeding. The Tribunal’s Rules of Procedure and Forms can be found on its website at www.sjto.gov.on.ca/hrto/.

order

12For the reasons set out above, the Tribunal will defer consideration of the Application pending the outcome of the LTB proceeding, file number TST-83541-17, filed on March 29, 2017.

Dated at Toronto, this 4th day of December, 2017.

“Signed by”

Josée Bouchard

Vice-chair