29/02/16 – Jurisdiction Ontario
Part 54 published on 01/05/16
Human rights complaint dismissed because dispute already decided in separate Court process
Part 54 published on 01/05/16
Human rights complaint dismissed because dispute already decided in separate Court process
The Applicants were owners of a unit in the condominium, and parents of two young children. They claimed that they were unfairly accused and targeted in relation to alleged behavior of their children, particularly in relation to alleged damage caused to certain gardens.
The same events had been the subject of Court proceedings under the Condominium Act. The Human Rights Tribunal held that “the factual underpinnings of the Court proceedings and the human rights Application are essentially the same” and “the Court’s factual findings preclude a finding of discrimination by this Tribunal”.
In other words, the issues had already been decided in Court proceedings.