By Laura Steiner, Milton Reporter, Local Journalism Initiative
A court has recommended a re-hearing for a former Milton tenant Gurpreet Singh before the Landlord-Tenant Board. Singh alleged the landlord violated the province’s human rights code.
The Singhs are a five-person family including parents, grandparents, and one child moved to Milton in 2021, where they signed a one-year lease on a three bedroom, two bathroom home on Murray Place. They took the necessary steps to break the lease in October, 2021, after finding a home to buy elsewhere. Both parties agreed to assign the rental unit. Singh brought forward several potential tenants including Aamir Qadeer, who also had a family of five made up of two parents, and three kids.
The landlord refused, and the Singh family left the rental as planned. The Landlord then brought proceedings against the Singhs for $5,271 in unpaid rent contrary to Residential Tenancies Act (RTA). In a hearing held March 9, 2023 via video conference the Singhs admitted to a failure to the pay the rent, but defended the decision arguing the landlord’s refusal discriminated against the assignee based on family status. They argued that there were “no good reasons” for the decision not to rent.
On March 23, Adjudicator Michael DiSalle issued a decision in favour of the Landlord, saying the Singhs owed $5,151, and arguing that the landlord’s refusal was not “unreasonable.” The Singhs filed for a review, and were dismissed by Adjudicator Diana Wren on April 9, without a hearing. Wren said that because the discrimination didn’t raise the issue of mitigation in an initial hearing, it shouldn’t be part of her review.
Singh filed a judicial appeal in January, 2024 with the Ontario Superior Court. Judge Mandhane issued a decision in April in their favour, with $7,500 in costs, and that the issue be returned to the LTB for a fresh hearing. She also offered a comment on the decision in the context of affordable housing, saying that though she realizes the LTB is a busy tribunal, “I find it disappointing that the issue of discrimination in housing was not properly identified and addressed by the LTB at both the hearing and review stage.” Mendhane also ordered that a copy of her decision be served on the Executive Chair of Tribunals Ontario, Executive Chair of the Human Rights Commission.
Efforts were made to contact Tribunals Ontario via email. They declined to comment because this matter is before the tribunal for a “re-hearing, and will be de determined by an adjudicator,” Tribunals Ontario Spokesperson Janet Deline said in an email.
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