HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Yvonne Sharras
Applicant
-and-
Rouge Valley Centenary Hospital, Sheri Bredewold and Canadian Union of Public Employees, Local 4365
Respondents
INTERIM DECISION
Adjudicator: Michael Gottheil
Date: September 10, 2008
Citation: 2008 HRTO 73
Indexed as: Sharras v. Rouge Valley Centenary Hospital et. al.
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 Free 1-866-355-6099 TTY (416) 314-2379 / 1-800-424-1168 E-mail hrto.registrar@ontario.ca Website http://www.hrto.ca
[1] This is an application filed July 25, 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.
[2] The application indicates that a complaint based on the same facts as the application was previously filed with the Ontario Human Rights Commission (“the Commission”). The applicant has provided a copy of a letter dated July 2, 2008 from the Commission which states that the file before the Commission has been “closed as withdrawn.”
[3] Section 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.
[4] Based 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:
a. By September 24, 2008 the applicant shall file with the Tribunal and deliver to the other parties, and to the Commission, submissions on whether the instant application is barred by application of section 53(8) of the Code. The submissions shall include any material facts upon which the applicant relies in support of her position.
b. By October 8, 2008 the respondents shall deliver to the applicant and the Commission, and file with the Tribunal, submissions on the above noted issue.
c. Under 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 closure and/or withdrawal.
d. The applicant shall have until October 17, 2008 to deliver and file a reply, if any.
e. The registrar shall send to the parties and the Commission a copy of the application and the letter from the Commission to the applicant dated July 2, 2008, along with this decision.
f. The respondent is not required to file a response to the application until directed by the Tribunal.
Dated at Toronto, this 10th day of September, 2008
“Signed by”
Michael Gottheil
Chair