Spears v. Durham Regional Police Service, 2009 HRTO 1083

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Patricia Spears

Applicant

-and-

Durham Regional Police Service

Respondent

INTERIM DECISION

Adjudicator: Michelle Flaherty

Date: July 21, 2009

Citation: 2009 HRTO 1083

Indexed as: Spears v. Durham Regional Police Service

1The applicant filed an Application with the Tribunal pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on March 27, 2009. The applicant alleges discrimination in the provision of goods and services on the basis of disability, creed, sex, sexual solicitation and family status. She also alleges reprisals or threat of reprisals.

2The essence of the allegations is that the respondent failed to address information she provided regarding alleged crimes. The applicant states that because of her disability, the respondent concluded that she was not credible and that her concerns did not warrant follow up.

3The respondent filed a very brief Response on June 9, 2009 and requested a dismissal of the Application on the basis that it is frivolous, vexatious and commenced in bad faith.

4The applicant filed a Reply on June 16, 2009 in which she objected to the request for dismissal.

DECISION

5Prior to amendments which came into effect on June 30, 2009 the Code permitted the Ontario Human Rights Commission to dismiss complaints on the basis that they are frivolous, vexatious or made in bad faith. These provisions of the Code are no longer applicable. Rather, the Code now states that where an application is within the Tribunal's jurisdiction, the Tribunal must provide parties with an opportunity to make oral submissions before making a final determination. (See s. 43(2)1 )

6I have considered whether the Application is within the Tribunal's jurisdiction. I find that, on the face of the documents filed with the Tribunal, the Application contains allegations which fall within the Tribunal's jurisdiction to decide.

Accordingly, the Registrar will schedule a one day hearing to address the merits of the Application.