HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jacqueline Visconti
Applicant
-and-
The Great-West Life Assurance Company, London Life Insurance Company and Freedom 55 Financial
Respondent(s)
INTERIM DECISION
Adjudicator: Jay Sengupta
Indexed as: Visconti v. The Great-West Life Assurance Company
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 July 4, 2008 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).
2The Application alleges a reprisal arising out of events that are the subject matter of an ongoing complaint before the Ontario Human Rights Commission (the “Commission”), which remains unresolved.
3The applicant has submitted, in both the Application and reply documents, that the present Application cannot be heard in the absence of the complaint before the Commission. However, she has not brought the Commission complaint to the Tribunal under s. 53(3) as she maintains that her case is “not suitable for an expedited resolution” under that section of the Code. Instead, she proposes that the Commission complaint be “transferred” and the matters be heard together by the Tribunal before January, 2009.
4In the alternative, the applicant has requested that the current Application be deferred until January, 2009. After December 30, 2008, section 53(5) permits a complainant to make an Application to the Tribunal regarding the subject matter of an unresolved complaint then before the Commission.
5Section 53(3) permits a complainant to abandon a complaint that is before the Commission and make a new Application based on the subject-matter of that complaint to the Tribunal between June 30, 2008 and December 30, 2008. This is done at the option of the complainant. The section does not give the Tribunal authority to “transfer” complaints which remain before the Commission and to assume jurisdiction over them.
6Section 53(8) of the Code provides:
53(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.
7Given s. 53(8) and the circumstances as the applicant has described them, there may be an issue about whether the applicant may file this Application under section 34. 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 current Application is barred.
8The Tribunal makes the following Order:
a. By October 8, 2008 the applicant shall deliver to the respondents and file with the Tribunal submissions on whether this Application is barred by virtue 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 22, 2008, the respondents shall deliver to the applicant and file with the Tribunal submissions on the above noted issue.
c. The applicant shall have until November 1, 2008 to deliver and file a reply, if any.
Dated at Toronto, this 23rd day of September, 2008.
Jay Sengupta
Vice Chair