Lulama Kotze

The respondent requested that the human rights application be dismissed under section 45.1 of the Human Rights Code, arguing that the substance of the application was already dealt with by the Landlord and Tenant Board (LTB) during eviction proceedings.

The applicant alleged discrimination based on disability, claiming the respondent failed to accommodate her mental health challenges by not granting additional time to provide financial information for her housing subsidy.

The Tribunal found that the LTB proceeding focused on eviction for non-payment of rent and did not adjudicate the human rights issue of failure to accommodate.

The request to dismiss the application was denied.

The applicants filed human rights applications alleging that their landlord discriminated against them based on disability and receipt of public assistance by coercing them into a repayment contract without their legal counsel.

The respondent requested that the Tribunal defer the applications pending an ongoing proceeding before the Landlord and Tenant Board (LTB).

The Tribunal denied the deferral request, finding no evidence that the LTB was dealing with the same facts and issues as the human rights applications.