14/08/2020 – Jurisdiction Ontario
Part 71 published on 01/09/2020
Human Rights Tribunal defers consideration of Application pending the conclusion of related civil proceeding
The applicant alleged that other members of the condominium’s Board of Directors had mocked and harassed him during a Board meeting and that he had also been excluded from one or more Board meetings. He alleged discrimination because of disability.
The condominium corporation asserted that this Human Rights Application should be deferred because similar issues would be addressed in a parallel civil proceeding between the parties. The Tribunal agreed and deferred consideration of the Human Rights Application pending conclusion of the civil proceeding. The Human Rights Tribunal said:
In this case, there is significant overlap between the facts and human rights issues raised in the Application and those raised in civil proceeding. Although the applicant may have taken steps to remove himself and/or any related relief sought pertaining to the accommodation of the applicant in the civil proceeding and the available remedies may be different, this is precisely the type of “forum shopping” and case-splitting that s. 45 is designed to prevent.
Some important underlying issues appear likely to be common to both sets of proceedings, such that there could be a possibility of inconsistent decisions on facts or law if the proceedings were to run concurrently. For example, I am not persuaded that the determination of the civil matter, including whether to remove the board members will not require the hearing of evidence and findings of fact about whether the respondents failed to accommodate the applicant’s disability in the course of their duties. As noted by the respondents, the Superior Court of Justice has the jurisdiction to interpret and apply the (Human Rights Code), and it may be appropriate to have the issues heard in that venue to avoid a duplication of proceedings and any inconsistent findings of fact. It would be unfair to the parties to proceed with concurrent proceedings involving the same issues and witnesses.
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If the applicant believes that the civil proceeding did not appropriately deal with the substance of this Application, he may seek to re-activate his deferred Application. However, the applicant should take note that, under s. 45.1 of the Code, the Tribunal has the power to dismiss Applications if the substance of an Application has been appropriately dealt with in another proceeding.