Reprisal (Landlord and Tenant Relationship)
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Caselaw.Ninja, Riverview Group Publishing 2021 © | |
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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.
- ↑ Human Rights Code, R.S.O. 1990, c. H.19, <https://www.ontario.ca/laws/statute/90h19#BK9>, retrieved on 2025-02-04
- ↑ Cite error: Invalid
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