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Human rights

Human Rights Tribunal of Ontario Dismisses Application Due to Jurisdictional Issues

Strategic Insights

— 1 min read

The Human Rights Tribunal of Ontario, led by Adjudicator Sally Ashton, has dismissed the application of Carlos De Sousa due to jurisdictional issues. De Sousa, who was self-represented, claimed discrimination against various respondents, including the Landlord and Tenant Board, landlord D&D Associates Paralegal Professional Corporation, and others. However, the Tribunal found that the applicant's allegations were outside the Tribunal's jurisdiction, citing adjudicative immunity, the lack of a service relationship between the applicant and the landlord's representatives, and insufficient factual basis to link the respondents' conduct to the applicant's Code grounds.

Key Takeaways:

  • The Human Rights Tribunal of Ontario dismissed the application of Carlos De Sousa due to jurisdictional issues.
  • The Tribunal found that the applicant's allegations against the Landlord and Tenant Board, landlord D&D Associates Paralegal Professional Corporation, and others were outside the Tribunal's jurisdiction.
  • Adjudicative immunity was cited as a reason for dismissing the application.
  • The Tribunal found that there was no service relationship between the applicant and the landlord's representatives, which would have protected the applicant under the Human Rights Code.
  • The applicant was unable to provide sufficient factual basis to link the respondents' conduct to the applicant's Code grounds.
  • The Tribunal's jurisdiction is limited to enforcement of the Code, and it does not have jurisdiction over general allegations of unfairness unrelated to the Code.

Statistics:

  • The application was dismissed by the Human Rights Tribunal of Ontario on June 26, 2025.
  • The Tribunal cited adjudicative immunity as a reason for dismissing the application.
  • 100% of the applicant's allegations were found to be outside the Tribunal's jurisdiction.
  • 0% of the applicant's allegations were found to be within the Tribunal's jurisdiction.

Sources:

  • Human Rights Tribunal of Ontario. 2025 HRTO 1600. De Sousa v. Landlord and Tenant Board. June 26, 2025.
  • Wu v. City of Toronto and Toronto Ombudsman. 2023 ONSC 6192.
  • G.-L. v. OHIP (General Manager). 2014 ONSC 5392.
  • Cartier v. Nairn. 2009 HRTO 2208.
  • Seberras v. Workplace Safety and Insurance Board. 2012 HRTO 115.
  • Rebstock v. Landlord and Tenant Board. 2022 HRTO 260.

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