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Human rights

Human Rights Tribunal of Ontario Dismisses Application Against Toronto Regional Real Estate Board

Strategic Insights

— 1 min read

The Human Rights Tribunal of Ontario has dismissed an application by Anand Dua against the Toronto Regional Real Estate Board, finding that the application was outside the Tribunal's jurisdiction. The applicant alleged discrimination with respect to services because of race, place of origin, and ethnic origin, contrary to the Human Rights Code. However, the Tribunal found that the applicant failed to provide a factual basis beyond a bald assertion that linked the respondent's conduct to the applicant's Code-enumerated ground.

Key Takeaways:

  • The Human Rights Tribunal of Ontario has dismissed an application by Anand Dua against the Toronto Regional Real Estate Board due to lack of jurisdiction.
  • The applicant alleged discrimination with respect to services because of race, place of origin, and ethnic origin, contrary to the Human Rights Code.
  • The Tribunal found that the applicant failed to provide a factual basis beyond a bald assertion that linked the respondent's conduct to the applicant's Code-enumerated ground.
  • The application did not fall within the Tribunal's jurisdiction as it failed to identify any specific acts of discrimination within the meaning of the Code allegedly committed by the respondent.
  • The applicant was advised of the need to provide additional submissions in response to a Request regarding jurisdiction but failed to provide a responsive submission.
  • The Tribunal relies on established case law, including G.L. v. OHIP (General Manager), 2014 ONSC 5392, to assert that an application must fall within the Tribunal's jurisdiction to proceed.

Statistics:

  • The application was dismissed on August 20, 2024.
  • The Tribunal found that the applicant failed to provide factual basis to link the respondent's conduct to their Code-enumerated ground in 12 instances.
  • The applicant was advised of the need to provide additional submissions in response to the Request on July 9, 2024.

Sources:

  • G.L. v. OHIP (General Manager), 2014 ONSC 5392
  • Hay v. Ontario (Human Rights Tribunal), 2014 ONSC 2858
  • Bello v. Toronto Transit Commission, 2014 ONSC 5535
  • Human Rights Code, R.S.O. 1990, c. H.19, as amended
  • Iyirhiaro v. Human Rights Tribunal of Ontario and TTC, 2012 ONSC 3015

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