Mihai Samoila v. Clifford Laviolett, 2009 HRTO 1506

Human Rights Tribunal of Ontario

B E T W E E N:

Mihai Samoila

Applicant

-and-

Clifford Laviolett

Respondent

INTERIM DECISION

Adjudicator: Michelle Flaherty

Date: September 25, 2009

Citation: 2009 HRTO 1506

Indexed as: Samoila v. Laviolett

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) in which he alleges that the respondent discriminated against him on the basis of ancestry, place of origin, citizenship and ethnic origin in the context of providing services under a contract.

2In essence, the applicant alleges that he paid the respondent $2,900 but that the respondent failed to complete the roofing work agreed to by the parties. The applicant alleges this is discriminatory under the Code because he says the respondent has completed work for other individuals who do not share the applicant’s ethnic background.

3Prior to filing the Application, the applicant filed a complaint against the respondent with the Hamilton Police Service (“Police”). It would appear from the documents filed with the Tribunal that the Police decided not intervene in the matter.

4The applicant is not able provide the Tribunal with the respondent’s address and, as a result, the Application cannot be served on the respondent.

5On August 27, 2009, the applicant filed a Request for an Order during Proceedings (“Request”) in which he asked the Tribunal to order the Police to disclose the respondent’s address.

6The Police responded to the Request on September 4, 2009. The Police refused to disclose the information requested because the information sought is “personal information” under the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56 and is more properly obtained through the processes established through that Act. The Police also argued that the Tribunal is without jurisdiction to grant the applicant’s Request.

7Rule 1 of the Tribunal’s Rules of Procedure states that the Tribunal may:

require a party or other person to produce any document, information or thing and to provide such assistance as is reasonably necessary, including using any data storage, processing or retrieval device or system, to produce the information in any form. (See also s. 43(3) of the Code. )

8Accordingly, within five days of receiving this Interim Decision, the Police are required to disclose to the applicant and to the Tribunal the information regarding the respondent’s last known address.

9The Registrar will provide the Police with a copy of this Interim Decision.

10I am not seized of this matter.