Reprisal (Landlord and Tenant Relationship)

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

Need Legal Help?
Call (888) 655-1076

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)

[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.