Russel Armstrong

The complainant, a francophone and gay man, alleged discrimination and harassment in accommodation by his landlord and the landlord's agents.

The Board of Inquiry found that the apartment manager's refusal to accept a rent cheque written in French constituted discrimination based on ancestry under s. 2(1) of the Human Rights Code, and awarded $300 in damages.

However, the Board dismissed the allegations of harassment based on sexual orientation, concluding that sexual orientation was not a prohibited ground for harassment under s. 2(2) of the Code at the time, and could not be read into the provision.

The respondents brought a motion requesting that the adjudicator disqualify himself on the basis of a reasonable apprehension of bias, as the adjudicator had an outstanding human rights complaint before the Commission.

The respondents argued the adjudicator might favour the Commission to induce a favourable outcome in his own case.

The Board of Inquiry dismissed the motion, finding that the apprehension of bias was not reasonably held.

Involvement as a party in another case with different issues, where the decision could have no effect on the other proceeding, does not constitute grounds for removal.