Ilze Berzins v. Ottawa Police Service, 2009 HRTO 1192

Human Rights Tribunal of Ontario

B E T W E E N:

Ilze Berzins Applicant

-and-

Ottawa Police Service Respondent

INTERIM DECISION

Adjudicator: Mary Truemner Date: August 4, 2009 Citation: 2009 HRTO 1192 Indexed as: Berzins v. Ottawa Police Service

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), on May 13, 2009, alleging that the respondent discriminated against her with respect to services because of disability. The respondent filed a partial Response on June 30, 2009, requesting an early dismissal of the Application. The applicant filed a Reply on July 14, 2009, opposing an early dismissal of the Application.

2The Response requests that the Tribunal dismiss the Application pursuant to subsection 34(11) of the Code because a claim has been filed in a civil court, which is based on some of the same facts that are the basis of the Application. The respondent attached a Plaintiff’s Claim to Small Claims Court in which the applicant seeks damages from the respondent and a police officer who she alleges assaulted her. The Claim states “On August 30, 2008, Constable Kay assaulted me causing severe injuries to my hands and arms.” While incidents on August 30, 2008 are included in the facts of the Application, the Application describes a lengthy period of time involving many incidents between the police and the applicant which the applicant alleges constitute discrimination because of disability. Nowhere in the Claim is there any allegation of human rights discrimination or any request for a remedy to address an infringement of the Code. As such, the respondent’s request is dismissed.

3The respondent must file a full Response within 20 days of this Interim Decision.

4I am not seized of this matter.