26/05/2020 – Jurisdiction Ontario
Part 70 published on 01/06/2020
Human Rights Tribunal dismisses claims against lawyers representing the condominium corporation
The applicant asserted claims against the condominium corporation and other parties, for alleged discrimination with respect to goods, services and facilities because of disability.
The Human Rights Tribunal dismissed some of the claims, namely claims against the condominium corporation’s lawyers. The Tribunal said:
The Tribunal does not have jurisdiction to inquire into claims of discrimination about every relationship or interaction, but rather only those that properly fall within the five social areas of the Code. Tribunal jurisprudence has consistently stated that the Code does not cover relationships between a lawyer and an opposing party. See Marsden v. Board of Directors of the Halton Condominium Corporation No. 41, 2013 HRTO 1462 and Richardson v. Condominium Management Group, 2016 HRTO 1218. The relationship between the applicant and DSFM, and the lawyers working for DSFM, is one of a lawyer and opposing party. Accordingly, there is no service relationship between the applicant DSFM, Michael Spears and Justin McClarty and I find that it is plain and obvious that the Tribunal has no jurisdiction to deal with the applicant’s complaint against DSFM, Michael Spears and Justin McClarty. The Application is dismissed as against DSFM, Michael Spears and Justin McClarty and the style of cause is amended accordingly.