Varshavska v. Reitmans Canada, 2009 HRTO 1390

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Roksolyana Varshavska

Applicant

-and-

Reitmans Canada Limited

Respondent

INTERIM DECISION

Adjudicator: Eric Whist

Date: September 2, 2009

Citation: 2009 HRTO 1390

Indexed as: Varshavska v. Reitmans Canada

1This Application was filed on June 22, 2009 under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”). The applicant alleges in the Application that she was discriminated against in employment on the basis of her place of origin by her former employer Reitmans Canada Limited (“Reitmans”). The applicant also completed the supplemental form (Form 1-A) applicable to persons filing applications alleging discrimination specifically in the area of employment.

2The applicant also filed three more supplemental forms as part of her Application. These are supplemental forms 1-C which are applicable to persons filing applications alleging discrimination in the area of goods, services and facilities. In one supplemental form the applicant alleges that her lawyer, James Morton, discriminated against her on the basis of, it would appear, place of origin. The applicant describes in this form a further incident that could be an allegation of sex discrimination.

3The second 1-C supplemental form alleges that Legal Aid Ontario discriminated against the applicant on the basis of, it appears, place of origin, for its failure to appropriately deal with James Morton and the issuing of a Legal Aid certificate.

4The third 1-C supplemental form alleges that the applicant’s former spouse, Yaroslav Varshavskiy, has not paid her required spousal support and, according to the applicant, this constitutes discrimination on the basis of sex, specifically gender identity.

5The applicant’s completed Application naming Reitmans as a respondent will be delivered to Reitmans for a Response. However, on July 20, 2009 the Tribunal’s Registrar issued a Notice of Intent to Dismiss part of her Application. This Notice stated that there did not appear to be a Code related allegation against Yaroslav Varshavskiy for having refused a service, and that the applicant had not explained how Legal Aid Ontario and James Morton had provided services to the applicant in a manner which discriminated on the applicant’s place of origin and, as such, raised a Code based claim

6On August 17, 2009 the applicant wrote to the Tribunal to more fully explain her allegations. In her letter she maintained that her allegations against James Morton, Legal Aid Ontario and Yaroslav Varshavskiy were on the basis of grounds covered by the Code.

DECISION

7Section 34(3) of the Code states that Applications made under section 34 of the Code shall be in a form approved by the Tribunal. The Tribunal's Rules of Procedure (Rule 6) require applications to be made by filing a Form 1 or Form 4, and to be complete. The Tribunal’s forms for section 34 applications consist of a main application (Form 1) that all applicants must fill out along with one or more of supplemental forms depending on the area of the alleged discrimination (i.e. employment; housing; goods, services and facilities; contracts and membership in a vocational association).

8However, as noted, the applicant’s allegations against James Morton, Legal Aid Ontario and Yaroslav Varshavskiy have been made only on three supplemental application forms specific to complaints of discrimination in the provision of goods, services and facilities. Moreover, it is clear that the allegations contained in these three forms have nothing to do with her allegations against Reitmans. It appears that the complaints in these forms are interrelated in that the applicant’s interest in retaining a lawyer, James Morton, is by means of a Legal Aid Certificate and is for the purpose of taking legal action against her former spouse and his alleged failure to provide spousal support.

9The applicant does not name James Morton, Legal Aid Ontario and/or Yaroslav Varshavskiy as respondents or refer to them at all in her main Application form. The Tribunal will not consider James Morton, Legal Aid Ontario and Yaroslav Varshavskiy as respondents in the Application naming Reitman's as a respondent currently before the Tribunal.

10The Tribunal’s Rules (Rule 5) allows the Tribunal to waive strict compliance with the Rules, or decide not to deal with an Application that is not filed in compliance with the Rules. In the circumstances, the allegations against James Morton, Legal Aid Ontario and Yaroslav Varshavskiy do not, in their current form, meet the requirements of the Tribunal’s Rules. The Tribunal will therefore not proceed with any Application against these parties at this time. If the applicant wishes to proceed against any or all of James Morton, Legal Aid Ontario and Yaroslav Varshavskiy she will have to file completed Application(s) in relation to her allegations against them including the required Form 1. The applicant has 20 days in which to do this otherwise the Tribunal will consider her Applications regarding James Morton, Legal Aid Ontario and Yaroslav Varshavskiy to be abandoned. The Tribunal will return the three supplemental Form 1-C’s filed by the applicant.

11I decline to make any determinations on the issues raised in the Notice of Intent to Dismiss at this stage, pending the proper filings by the applicant.

12A copy of this Interim Decision will be sent to Reitmans along with the Notice of Application.

13I am not seized of this matter.