The applicant filed a human rights application alleging discrimination in housing based on disability, claiming the respondent failed to accommodate her environmental sensitivities to second-hand cigarette smoke.
The respondent requested dismissal under s. 45.1 of the Human Rights Code, arguing the matter was already decided by the Landlord and Tenant Board (LTB).
The Tribunal found that the LTB had concurrent jurisdiction, the applicant had a full opportunity to present her case, and the legal issues and facts were essentially the same.
Finding no unfairness in applying issue estoppel, the Tribunal dismissed the application.
