HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Craig Barton

Applicant

-and-

David Miller

Respondent

INTERIM DECISION

Adjudicator: Mary Truemner

Date: October 29, 2008

Citation: 2008 HRTO 205

Indexed as: Barton v. Miller

Human Rights Tribunal of Ontario 655 Bay Street, 14th Floor Toronto, ON M7A 2A3 Phone (416) 326-1312 /Toll free 1-866-598-0322 Fax (416) 326-2199 / Toll free 1-866-355-6099 TTY (416) 326-2027/ Toll free 1-866-607-1240 E-mail hrto.registrar@ontario.ca 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 22, 2008.

2On October 10, 2008, the respondent filed a Request for an Order During Proceedings seeking several orders, including dismissal of the Application or, in the alternative, further particulars and an extension of time to file the Response until after the applicant provides a “comprehensible, coherent and complete” application.

3The applicant did not respond to the Request for an Order During Proceedings. This interim decision addresses the respondent’s requests, and, in particular, whether the Tribunal has any jurisdiction over the matters raised in the Application.

4In his Application, the applicant alleges discrimination based on race and colour in the areas of accommodation and goods, services and facilities. Other than identifying the respondent as the mayor of Toronto, the applicant does not make any connection between the respondent and the allegations contained in the Application, nor does he explain how those allegations relate to race and colour in the provision of accommodation or goods, services and facilities.

5The Tribunal’s jurisdiction (power) is based on the Code, which prohibits discrimination in accommodation, services, goods and facilities, and employment on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, marital status, family status or disability. The Tribunal does not have a general power to inquire into claims of unfairness which are outside of its jurisdiction.

6In the circumstances, the Tribunal requires the applicant to provide written submissions explaining how the allegations in his Application relate to discrimination on the basis of race or colour in the provision of services or accommodation, and how they are therefore within the Tribunal’s power to decide. The submissions should also identify:

• Who was involved in each event
• When each event occurred
• What happened
• Why the applicant believes that the events were discriminatory

7The applicant must deliver these submissions to the respondent and file them with the Tribunal no later than 30 days from the date of receipt of this decision.

8Within 45 days of this decision, the respondent is ordered to provide its responding submissions.

9The respondent is not required to file a Response at this time.

10The Tribunal draws the applicant’s attention to the “Applicant’s Guide” and in particular to sources of legal assistance and representation available to applicants, including support that may be available through the Human Rights Legal Support Centre. The Guide and links to other sources of information are available on the Tribunal’s website, www.hrto.ca, or from the Registrar whose contact information is contained on the cover page of this decision.

[11] I am not seized.