Simoncini v. Greater Sudbury (City), 2008 HRTO 416

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Donna Simoncini

Applicant

-and-

City of Greater Sudbury and Leslie Steel

Respondents

INTERIM decision

Adjudicator: Brian Eyolfson

Date: December 19, 2008

Citation: 2008 HRTO 416

Indexed as: Simoncini v. Greater Sudbury (City)

1This is an Application filed on August 6, 2008, under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The Application named Ontario Works and Leslie Steel, a Caseworker with the Sudbury Ontario Works program office, as respondents. The corporate respondent has advised that it should be identified as the City of Greater Sudbury, which administers the Ontario Works program in Sudbury, and the style of cause has been amended accordingly.

3In their Response the respondents request early dismissal on the grounds that the substance of the Application has been appropriately dealt with in another proceeding. The applicant complained to the Information and Privacy Commissioner (the “IPC”) that the respondents had improperly disclosed personal information to her son. The IPC dismissed the complaint on the grounds that the disclosure of information to the applicant’s son was justified and authorized by the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended. A copy of the IPC decision dated March 31, 2008, was appended to the Response.

4Section 45.1 of the Code provides:

45.1 The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.

5While some of the facts at issue in the IPC complaint may be relevant to the matters raised in the Application, the IPC decision cannot be understood to address the allegations of discrimination set out in the Application. I am not satisfied the IPC process has appropriately dealt with all or part of the Application.

6For these reasons, the request to dismiss is denied.