HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Richard Alan MacDonald
Applicant
-and-
Bayshore Home Health
Respondent
DECISION
Adjudicator: Brian Cook
Indexed as: MacDonald v. Bayshore Home Health
Human Rights Tribunal of Ontario
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Toronto ON M7A 2A3
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Website www.hrto.ca
1The applicant filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) on August 18, 2008. The applicant indicated that he had filed a complaint with the Ontario Human Rights Commission (the “Commission”) based on the same facts as those in the Application and that a mediation session was pending at the Commission.
2On August 22, 2008, the Tribunal issued a Notice of Intent to Dismiss the Application on the grounds that the Tribunal lacked jurisdiction since the subject-matter of the Application was the same as the subject-matter of a complaint before the Commission. The applicant was invited to make submissions within thirty days. To date, no submissions have been received.
3The Code was substantially amended, effective June 30, 2008. Section 53 of the amended Code deals with cases where a complaint was filed with the Commission before June 30, 2008. Subsections (3) and (5) set out the procedure to be followed if a person wishes to abandon a complaint that was filed with the Commission before June 30, 2008 and make an application to the Tribunal instead.
4Subsection 53(8) provides that no application, other than an application under subsection (3) or (5), may be made to the Tribunal if the subject-matter of the application is the same or substantially the same as the subject-matter of a complaint that was filed with the Commission before June 30, 2008.
5In the circumstances, the Tribunal does not have the jurisdiction to deal with the Application filed August 18, 2008.
ORDER
6The Application is dismissed.
Dated at Toronto, this 21st day of October, 2008.
“Signed by”________________________________
Brian Cook
Vice-Chair