Roger Stocco v. Ontario Human Rights Commission, 2009 HRTO 1416

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Roger Stocco Applicant

-and-

Ontario Human Rights Commission Respondent

DECISION

Adjudicator: Kaye Joachim Date: September 8, 2009 Citation: 2009 HRTO 1416 Indexed as: Stocco v. Ontario Human Rights Commission

1This is an Application dated October 7, 2008 and made under section 53(3) of Part VI of the Human Rights Code, R.S.O 1990, c. H.19, as amended (the "Code").

2The applicant referenced three Commission File Numbers: JBAT-3ZH1MV, JBAT-31ZHQMV AND OTI-AW12, but failed to attach any of the complaints.

3Information from the Commission indicates that JBAT-31ZHQMV was resolved by way of settlement and closed in April 1999.

4The Transition provisions of the Code provide that an applicant may file a transition application in respect of a complaint that was filed and continued at the Tribunal as of June 30, 2008. Complaint JBAT-31ZHQMV was closed in 1999 and may not form the subject matter of the present Application.

5The applicant has not provided the Tribunal with the complaint in JBAT-3ZH1MV, and the Tribunal is not satisfied that the complaint was filed or continued at the Commission as of June 30, 2008.

6The Trustee of Investigations in respect of complaints against the Commission advised that complaint OTI-AW12 was not filed with the Trustee prior to June 30, 2008, although the relevant form was sent to him. Accordingly, the applicant may not file the present Application under section 53(5) of the Code.

7As of June 30, 2008, the system for enforcing rights under the Code has been significantly amended. Before, individual complaints were only heard by the Tribunal if the Commission decided to refer them for a hearing. Now, applicants may file their claims (now called applications) directly with the Tribunal.

8In the circumstances the Application is dismissed. This Decision only relates to the applicant's ability to file an application under the transitional provisions of the Code, and in no way affects his ability to file a fresh application with the Tribunal pursuant to s. 34(1) of the Code, provided the other requirements of that section have been met.