Sharon Ffolkes-Abrahams

The complainant, a 37-year-old woman, alleged that the respondents refused to rent her an apartment because of her age, preferring older tenants.

The Board of Inquiry found that the respondents' preference for older, retired couples was a proximate cause of the decision to refuse the complainant accommodation, constituting direct discrimination on the basis of age.

The Board ordered the respondents to pay $1,000 in general damages for mental anguish, post Human Rights Code notices, and provide copies of all applications for the building to the Commission for two years.

This is a second interim decision regarding procedures of the Board of Inquiry hearing the complaints of Margaret Tomen and Linda Logan-Smith alleging that a by-law of the Ontario Teachers' Federation discriminates against them because of their sex.

The Board of Inquiry decides on the order of appearance of the parties and interveners, the onus of proof on the complainants and respondents, procedures regarding expert evidence, and hearing dates.

The Board ruled that the Commission is not required to anticipate and rebut a section 13 special program defence as part of its prima facie case.