Patterson v. Somebuddy’s Restaurant and Eatery, 2008 HRTO 71

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jennifer Patterson

Applicant

-and-

Somebuddy’s Restaurant and Eatery,

Anthony Vacca, Nick Vacca and Francis Vacca

Respondents

INTERIM decision

Adjudicator: Sherry Liang

Date: September 8, 2008

Citation Number: 2008 HRTO 71

Indexed As: Patterson v. Somebuddy’s Restaurant and Eatery

Human Rights Tribunal of Ontario

655 Bay Street, 14th Floor

Toronto ON M7A 2A3

Phone 416-326-1312 / 1-866-598-0322 / Fax 416-326-2199 / Toll Free1-866-355-6099

TTY 416- 314-2379 / 1-800-424-1168

E-mail hrto.registrar@ontario.ca

Website www.hrto.ca

1This is an Application filed August 6, 2008 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the Code”). The purpose of this Interim Decision is to seek submissions from the parties on an issue raised by the Application.

2The Application indicates that a Complaint based on the same facts as the Application was previously filed with the Ontario Human Rights Commission (the ”Commission”). That Complaint, which has been provided by the applicant, is dated April 18, 2008.

3The applicant also provided a copy of a letter dated June 5, 2008 from the Commission which states that the file before the Commission has been closed, on the basis of a request to withdraw the Complaint.

4Section 53(8) of the Code provides:

(8) No application, other than an application under subsection (3) or (5), may be made to the Tribunal if the subject-matter of the application is the same or substantially the same as the subject-matter of a complaint that was filed with the Commission under the old Part IV.

5Based on the above provision, there may be an issue about whether the applicant may file this Application. As a result, the Tribunal determines that it is appropriate to receive submissions with respect to the interpretation and application of section 53(8) of the Code and whether, in the circumstances, this Application is barred. The Tribunal makes the following Order:

6By September 24, 2008 the applicant shall deliver to the respondents and the Commission, and file with the Tribunal, submissions on whether the instant Application is barred under section 53(8) of the Code. The submissions shall include any material facts upon which the applicant relies in support of her position.

7By October 8, 2008 the respondents shall deliver to the applicant and the Commission, and file with the Tribunal, submissions on the above noted issue.

8Under Rule 1.7(p) of the Tribunal’s Rules of Procedure, authorizing the Tribunal to require any person to produce information in order to provide for the fair, just and expeditious resolution of any matter before it, the Tribunal directs the Commission to file and deliver to the parties, by October 8, 2008, a statement of facts in relation to the Complaint filed by the applicant. This should include information about the date when the Complaint was filed with the Commission, communications between the applicant and the Commission, communications between the respondents and the Commission and any other facts related to the processing of the Complaint by the Commission and its apparent withdrawal (subject to mediation privilege).

9The applicant shall have until October 17, 2008 to deliver and file a reply, if any.

10The Registrar shall send to the respondents and the Commission a copy of the Application, the Complaint and the letter from the Commission to the Applicant dated June 5, 2008, along with this decision.

11The respondents are not required to file a Response to the Application until directed.