Human Rights Tribunal of Ontario Decision: Ramdial v. Metropolitan Toronto Condominium Corporation 1167

Strategic Insights -

In a recent decision by the Human Rights Tribunal of Ontario (HRTO), Adjudicator Kelly Barker has granted an applicant, Usha Ramdial, the right to amend her application to add new allegations of discrimination and reprisal against her condominium corporation, Metropolitan Toronto Condominium Corporation 1167, and its board member, Jon Tiniche. The application alleges a series of incidents and events that the applicant believes constitute housing discrimination on the basis of race, colour, disability, sex, marital status, and age. The Tribunal has allowed the applicant to add these new allegations, but not all of the proposed changes, citing concerns about the Tribunal's jurisdiction over general allegations of unfairness.

Key Takeaways:

  • The HRTO has granted Usha Ramdial the right to amend her application to add new allegations of discrimination and reprisal.
  • The applicant is seeking to add allegations related to changes in garbage collection, painting of doors, communication with the Board, and other incidents.
  • The Tribunal has denied some of the proposed amendments, citing concerns about jurisdiction over general allegations of unfairness.
  • The applicant's original application alleged discrimination on the basis of human rights grounds, including race, colour, disability, sex, marital status, and age.
  • The applicant is seeking a public interest remedy, which would require policy changes by the condominium corporation related to privacy, education on disabilities, and anti-harassment.

Statistics:

  • The application was filed on January 23, 2023, and served on the respondents on June 8, 2023.
  • The applicant filed a Request for an Order During Proceedings (RFOP) on August 3, 2023, requesting to amend the application.
  • The applicant is seeking to add 14 new allegations of discrimination and reprisal since May 2023.
  • The Tribunal has ruled that 6 of the proposed amendments are not allowed due to concerns about jurisdiction over general allegations of unfairness.

Sources:

  • Human Rights Tribunal of Ontario. (2024-05-27). Ramdial v. Metropolitan Toronto Condominium Corporation 1167. Indexed as: Ramdial v. Metropolitan Toronto Condominium Corporation 1167.