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HUMAN RIGHTS TRIBUNAL OF ONTARIO
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B E T W E E N:
Randolph Boyce
Applicant
-and-
Toronto Community Housing Corporation, Mary Richardson, and Natalie Patel
Respondents
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## INTERIM DECISION
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Adjudicator: David A. Wright
Date: December 31, 2008
Citation: 2008 HRTO 448
Indexed as: Boyce v. Toronto Community Housing Corporation
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[1] This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). On November 27, 2008, the Tribunal Registrar issued the following direction in this matter, which was sent to the parties by e-mail:
In their response, the respondents rely upon a decision of WSIB claims adjudicator Tony Hanna dated May 1, 2008 in support of their request that the application be dismissed under s. 45.1 of the Human Rights Code. The Tribunal notes that the final paragraph of Mr. Hanna’s letter reads as follows:
I also wish to inform you that the Workplace Safety and Insurance Act (the Act) imposes time limits on appeals. If you plan to appeal the decision, the Act requires that you notify me in writing by November 1, 2008. I have received your objection and have started the appeal process.
The applicant is directed to advise the Tribunal in writing, with copies to the respondents’ and the Union’s representative, by December 4, 2008, whether he has appealed the decision. If he has appealed the decision, he should include all documents regarding the appeal.
[2] The applicant’s response was sent to the Tribunal on December 10, 2008. It was not copied to the Ontario Public Service Employees Union (the “Union”) and the respondents’ representative as directed, and as required by Rule 1.20 of the Tribunal’s Rules of Procedure. A copy is provided to the respondent and the Union with this decision.
[3] The applicant’s response begins as follows:
I have no appeal filed with the Workplace Safety and Insurance Board (WSIB) concerning the issues I brought before the Tribunal which are: Disability and the right to accommodate; Disability and Harassment; and Disability and the refusal of benefits.
Before a matter is sent to the Appeals Branch at WSIB the complainant must sign and fill out an objection form stating the reasons for an appeal. I have done neither. My issues with the WSIB are: entitlement to a left knee condition, the dispatcher’s position as [it] relates to the Early and Safe Return to Work program, and entitlements to benefits related to my right knee condition. These are not code related matters though there are overlapping issues.
It continues with submissions on whether the WSIB issues are the same as those before the Tribunal.
[4] The applicant did not directly respond to the Registrar’s direction which was to advise whether he had appealed Mr. Hanna’s decision dated May 1, 2008. Mr. Boyce is ordered to provide a letter to the Tribunal by January 12, 2008, copied to the Union and the respondents’ representative, advising: (1) whether he appealed the May 1, 2008 decision; and (2) providing any documents relating to this appeal. Failure to do so by the deadline may result in the Tribunal drawing an inference that a full appeal was filed.
[5] I am not seized of this matter.
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Dated at Toronto, this 31^st^ day of December, 2008.
“Signed by”
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David A. Wright
Vice-Chair
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minicounsel