James Ellis v. Petro-Canada Inc., 2008 HRTO 260

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

James Ellis

Applicant

-and-

Petro-Canada Inc., Ron Brennenman, John Ferris and Rich Rattray

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: November 13, 2008

Citation: 2008 HRTO 260

Indexed as: Ellis v. Petro-Canada

Human Rights Tribunal of Ontario 655 Bay Street, 14th Floor Toronto, ON M7A 2A3 Phone (416) 314-8419 / Fax (416) 314-8743 / Toll free 1-866-598-0322 TTY (416) 314-2379 / (toll free) 1-800-424-1168 E-mail hrto.registrar-transition@ontario.ca Website www.hrto.ca

1This is an Application filed September 5, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). On September 23, the Tribunal scheduled a mediation for November 24, 2008. On November 4, 2008 the respondents filed their Response (Form B).

2On November 7, 2008 the applicant asked that the mediation be cancelled for medical reasons and in order to transfer his application at the Tribunal from section 53(3) to section 53(5) after January 1, 2009.

3Section 53(3) of the Code provides:

Subject to subsection (4), at any time during the six-month period referred to in subsection (2), the person who made a complaint that is continued under that subsection may, in accordance with the Tribunal rules, elect to abandon the complaint and make an application to the Tribunal with respect to the subject-matter of the complaint.

4Section 53(5) of the Code provides:

If, after the end of the six-month period referred to in subsection (2), the Commission has failed to deal with the merits of a complaint continued under that subsection and the complaint has not been withdrawn or settled, the complainant may make an application to the Tribunal with respect to the subject-matter of the complaint within a further six-month period after the end of the earlier six-month period.

5Once an applicant has abandoned a complaint filed with the Ontario Human Rights Commission (the “Commission”) and made an application under section 53(3), there is no “continued” complaint at the Commission. Therefore, it is not open to the applicant, having already abandoned his complaint at the Commission, to make a section 53(5) application based on that complaint to the Tribunal after January 1, 2009.

6In light of the applicant’s unavailability for the mediation, the mediation scheduled for November 24, 2008 is cancelled. The Tribunal will contact the parties to reschedule the mediation.