Klein v. Toronto Zionist Council, 2008 HRTO 204

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jordana Klein

Applicant

-and-

Toronto Zionist Council

Respondent

INTERIM DECISION

Adjudicator: Faisal Bhabha

Date: October 29, 2008

Citation: 2008 HRTO 204

Indexed as: Klein v. Toronto Zionist Council

Human Rights Tribunal of Ontario

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Toronto, ON M7A 2A3

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E-mail hrto.registrar@ontario.ca

Website www.hrto.ca

wRITTEN SUBMISSIONS BY

Jordana Klein, Applicant ) On Her Own Behalf

Toronto Zionist Council, Respondent ) Gary L. Wiseman, Counsel )

1This is an Application filed by the applicant, Jordana Klein, on August 18, 2008 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2In the Response, the respondent Toronto Zionist Council asks the Tribunal to dismiss the Application because another proceeding has appropriately dealt with the substance of the Application. The respondent also asks the Tribunal not to deal with the Application because of the delay in filing it. The applicant was entitled to file a Reply responding to the issues raised by the respondent. The deadline for filing a Reply was October 15, 2008, but none was received by the Tribunal.

3In addition to the issues of early dismissal and delay raised by the respondent, there is an additional issue arising out of the respondent’s objection to the applicant’s reliance on documents that were disclosed as part of a civil action commenced by the applicant’s brother against the Toronto Zionist Council. A related application by the applicant’s brother was also filed with the Tribunal.

4The applicant submits that the documents are relevant to the merits of her case under the Code. The documents are also relevant to the issue of delay. The applicant submits that she only became aware of the breach of the Code through the discovery of “new information” contained in the documents. In her Application, she cites the date of discovery of the documents, July 15, 2008, as the date of the last discriminatory event.

5The Registrar is directed to schedule an oral hearing to determine these preliminary issues. At the hearing, the parties should be prepared to provide submissions and, if necessary, evidence, on the following issues:

(i) Should the Tribunal dismiss the application, pursuant to section 45.1, because another proceeding has appropriately dealt with the substance of the Application?

(ii) Has the applicant brought this Application within one year after the last discriminatory incident, pursuant to section 34(1)? If not, should the Tribunal exercise its discretion to accept the Application, pursuant to section 34(2)?

(iii) Is there any reason under the Code or the common law to prevent the applicant from relying on documents obtained in another legal proceeding in this Application?

6If either of the parties wishes to rely on case law or other supporting material (including facts not already provided in the Application and Response) during the hearing, they are directed to deliver this material to each other, and to the Tribunal, by no later than two weeks before the date scheduled for the hearing.

7I am not seized of this matter.