Reprisal (Landlord and Tenant Relationship): Difference between revisions
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(Created page with "Category:Human Rights {{Citation: | categories = Human Rights | shortlink = }} ==<i>Human Rights Code,</i> R.S.O. 1990, c. H.19<ref="Code"/>== <b>Reprisals</b> 8 Every person has a right to claim and enforce his or her rights under this Act, to institute and participate in proceedings under this Act and to refuse to infringe a right of another person under this Act, without reprisal or threat of reprisal for so doing. <ref name="Code"><i>Human Rights Code,</i>...") |
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[33] Thus, in a complaint or application alleging reprisal, the following elements must be established: | [33] Thus, in a complaint or application alleging reprisal, the following elements must be established: | ||
<b><u> | :<b><u>a. An action taken against, or threat made to, the complainant; | ||
:b. The alleged action or threat is related to the complainant having claimed, or attempted to enforce a right under the Code; and | :b. The alleged action or threat is related to the complainant having claimed, or attempted to enforce a right under the Code; and | ||
:c. An intention on the part of the respondent to retaliate for the claim or attempt to enforce the right.</b></u> | :c. An intention on the part of the respondent to retaliate for the claim or attempt to enforce the right.</b></u> | ||
| Line 24: | Line 24: | ||
[34] In addition, the following principles are relevant: | [34] In addition, the following principles are relevant: | ||
<b><u> | :<b><u>a. There is no strict requirement that the complainant has filed a complaint or application under the Code, and | ||
:b. There is no requirement that the Tribunal find the respondent did in fact violate the complainant’s substantive rights to be free from discrimination.</b></u> | :b. There is no requirement that the Tribunal find the respondent did in fact violate the complainant’s substantive rights to be free from discrimination.</b></u> | ||
<ref name="Noble"><i>Noble v. York University,</i> 2010 HRTO 878 (CanLII), <https://canlii.ca/t/29fj4>, retrieved on 2025-02-03</ref> | |||
==References== | |||
Revision as of 17:12, 4 February 2025
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2025-02-24 |
| CLNP Page ID: | 2465 |
| Page Categories: | Human Rights |
| Citation: | Reprisal (Landlord and Tenant Relationship), CLNP 2465, <>, retrieved on 2025-02-24 |
| Editor: | MKent |
| Last Updated: | 2025/02/04 |
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Human Rights Code, R.S.O. 1990, c. H.19<ref="Code"/>
Reprisals
8 Every person has a right to claim and enforce his or her rights under this Act, to institute and participate in proceedings under this Act and to refuse to infringe a right of another person under this Act, without reprisal or threat of reprisal for so doing.
Noble v. York University, 2010 HRTO 878 (CanLII)[2]
[33] Thus, in a complaint or application alleging reprisal, the following elements must be established:
- a. An action taken against, or threat made to, the complainant;
- b. The alleged action or threat is related to the complainant having claimed, or attempted to enforce a right under the Code; and
- c. An intention on the part of the respondent to retaliate for the claim or attempt to enforce the right.
[34] In addition, the following principles are relevant:
- a. There is no strict requirement that the complainant has filed a complaint or application under the Code, and
- b. There is no requirement that the Tribunal find the respondent did in fact violate the complainant’s substantive rights to be free from discrimination.
References
- ↑ Human Rights Code, R.S.O. 1990, c. H.19, <https://www.ontario.ca/laws/statute/90h19#BK9>, retrieved on 2025-02-04
- ↑ 2.0 2.1 Noble v. York University, 2010 HRTO 878 (CanLII), <https://canlii.ca/t/29fj4>, retrieved on 2025-02-03
