Part 32 published on 01/11/10
Human Rights process stayed in favour of Condominium Act dispute–resolution process
The owner alleged discrimination (on the basis of disability) because of the condominium corporation’s interpretation of the boundaries of her parking unit. The condominium corporation commenced proceedings under section 132 of the Condominium Act, 1998 (for mediation and, if necessary, arbitration of the dispute). The applicant did not agree to the appointment of a mediator and filed an application with the Human Rights Tribunal.
The Human Rights Tribunal ordered that the application to the tribunal be deferred. The tribunal said:
Human Rights Tribunals, therefore, are not the only decision-makers that can decide Human Rights Claims, including in the condominium context. Where the parties are already engaged in a concurrent legal proceeding in which they are raising the same Human Rights issues before a decision-making body with the authority to make determinations about those issues, the orderly administration of justice favours deferral to the other proceedings. In such a scenario, the tribunal’s normal approach is to defer.
I find that the application should be deferred. The mediation and arbitration process has the power to deal with all issues in this application, including the alleged violation of the [Human Rights Code] by the [condominium corporation] and the alleged contravention of the rules and declaration by the [owner]. At the time this application was commenced, the Condominium Act process was already underway. The arbitrator has the full power to determine whether the [Human Rights Code] has been violated, including to order an interim injunction.