Maureen Mologhney v. Grey Sisters of the Immaculate Conception, Bronson Centre and Marjory Myles, 2008 HRTO 281

Human Rights Tribunal of Ontario

B E T W E E N:

Maureen Mologhney

Applicant

-and-

Grey Sisters of the Immaculate Conception, Bronson Centre and Marjory Myles

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: November 19, 2008

Citation: 2008 HRTO 281

Indexed as: Mologhney v. Grey Sisters

Human Rights Tribunal of Ontario 655 Bay Street, 14^th 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 October 15, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The respondents filed their Response on November 13, 2008. The respondents take the position that the Ontario Human Rights Commission had dismissed the complaint under section 36 of the old Code and therefore the Tribunal has no jurisdiction over the present Application. The respondents assert that the complaint which forms the subject-matter of this Application is not continued within the meaning of the Code.

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.

4The Tribunal requires additional information and submissions from the parties on this issue. Therefore, the Tribunal makes the following order:

a) Within 20 days of this decision, the applicant shall deliver to the respondents and file with the Tribunal a copy of any correspondence to and from the Commission in relation to the dismissal of the complaint and/or any Reconsideration request.

b) Within 20 days of receipt of the information identified in the paragraph above, the respondents shall deliver to the applicant and file with the Tribunal submissions in support of its position that the Tribunal does not have the jurisdiction to deal with this Application. The respondents should at the same time provide any documents relevant to their position.

c) Within 20 days of receipt of the respondents' submissions the applicant may deliver any reply submissions to the respondents and file them with the Tribunal.

5If oral submissions are required the Tribunal will contact the parties to set a date. If oral submissions are not required, the Tribunal may make its decision on the basis of the written submissions filed.

6The Tribunal shall not take any further steps with respect to scheduling a mediation in this matter until the above issue has been dealt with.