Kristin Carnie

The respondent landlord brought a request to dismiss the human rights application under section 45.1 of the Human Rights Code, arguing that the substance of the application had been appropriately dealt with in a prior proceeding before the Landlord and Tenant Board (LTB).

The Tribunal found that the LTB had made factual findings regarding the landlord's failure to meet maintenance standards, delayed repairs, and rent issues, but had not considered the applicant's allegations of racial discrimination and reprisal.

The Tribunal granted the request in part, ruling that the LTB's factual findings could not be relitigated, but allowing the discrimination issues to proceed.

The Tribunal also granted the request to remove a paralegal as a personal respondent, finding no compelling reason to continue the proceeding against her.

The applicant alleged that the respondents denied him housing on the basis of his age.

The applicant and his father viewed an apartment and sought to rent it together.

The rental agent required both adults to complete the application form as applicants and provide financial information.

The applicant returned the form listing only himself as the applicant and his father as an occupant, which the agent rejected as incomplete.

The Tribunal found that the agent's requirement was based on the father's status as an adult intending to live in the apartment, not on the applicant's age.

The application was dismissed.

The tenant sought an extension of time to appeal a decision regarding her tenancy.

The Divisional Court granted the extension on the condition that the tenant pay rent on a go-forward basis, file proof of payment, and order transcripts for the appeal.

If the conditions are not met, the appeal will be dismissed without further notice.