Thornton v. Toronto Police Services Board, 2009 HRTO 1195

Human Rights Tribunal of Ontario

B E T W E E N:

Wanda Thornton

Applicant

-and-

Toronto Police Services Board, Paula Wilson, Judy Sandford, Peter Howes and Joanne Gooding

Respondents

DECISION

Adjudicator: Faisal Bhabha

Date: August 4, 2009

Citation: 2009 HRTO 1195

Indexed as: Thornton v. Toronto Police Services Board

Decision

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 December 31, 2008, alleging discrimination in employment on the basis of disability.

2On May 27, 2009, the Tribunal issued a Notice of Intent to Dismiss pursuant to Rule 13.2 of the Tribunal’s Rules of Practice, and did not serve the Application on the respondents. The Notice of Intent to Dismiss noted that “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 of the Code [s. 53(8)].” The Tribunal invited submissions from the applicant by June 26, 2009 as to why the Application is within the Tribunal’s jurisdiction and should be decided by the Tribunal. The applicant failed to make submissions on the issue.

3I find that the Tribunal has no jurisdiction to hear this matter. Section 53(8) of the Code reads as follows:

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.

4Through this provision, the Legislature has decided that an application under the new Code may not have the same subject-matter as a complaint that was previously filed with the Commission under the old Code. I am satisfied from a review of the Application that its subject-matter is the substantially the same as the Commission complaint.

5The Application is accordingly dismissed.