Dixon v. Morrison, 2009 HRTO 1550

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

David Dixon

Applicant

-and-

Ken Morrison and Paul Dossman

Respondents

INTERIM DECISION

Adjudicator: Michelle Flaherty

Date: September 25, 2009

Citation: 2009 HRTO 1550

Indexed as: Dixon v. Morrison

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 June 23, 2009 in which he alleges discrimination in the context of employment and on the basis of disability. He also alleges reprisal or threat of reprisal.

BACKGROUND

2The applicant was employed by the respondents until October 2008. He filed complaints with the Ontario Human Rights Commission in September of 2005 and in April of 2007.

3The September 2005 complaint relates to alleged discrimination during the course of the applicant’s employment with the respondent. This complaint was resolved and the parties entered into minutes of settlement in May of 2006.

4The April 2007 complaint relates principally to the respondents’ actions and the positions it took during Workers Compensation proceedings. This complaint was also resolved and the parties entered into minutes of settlement in November of 2007.

5In the current Application, the applicant alleges the respondents have failed to comply with the November 2007 agreement. He also alleges that submissions made to the Workplace Safety and Insurance Board on behalf of the respondents contain discriminatory comments, which were made in breach of earlier settlement agreements.

6The respondents filed a Response in which they requested an early dismissal of the Application (“Request”) because the subject matter of the Application is the same or substantially the same as the subject matter of a complaint that was previously filed with the Ontario Human Rights Commission. The respondents also argue that the Application should be dismissed because the applicant has signed a full and final release with respect to the same matter.

7On September 15, 2009, the applicant responded to the Request. He states the Application is a new matter and argues that the matter is within the Tribunal’s jurisdiction.

REQUEST FOR ORAL SUBMISSIONS

8In the circumstances, it is appropriate to determine the respondents’ request for an early dismissal of the Application as a preliminary matter.

9The Request raises the following issues:

a. should the Application be dismissed because another proceeding has appropriately dealt with the substance of the Application?

b. should the Application be dismissed because the applicant has signed a full and final release with respect to the same matter?

c. is the Application barred because it is substantially the same as complaint that was filed with the Commission?

10The relevant provisions of the Code and the Rules are listed below.

11Rule 22.1 states:

The Tribunal may dismiss part or all of the Application where it determines, under section 45.1 of the Code, that another proceeding has appropriately dealt with the substance of part or all of an Application.

12Section 45.1 of the Code provides that:

The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.

13Section 53(8) of the Code stipulates:

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.

14Section 43(2) of the Code provides that the Tribunal shall not finally dispose of an application within its jurisdiction without affording the parties a chance to make oral submissions. Accordingly, the Registrar will schedule a hearing to address the three questions set out at paragraph 9, above

15At the hearing, the applicant should be prepared to proceed first by responding to the written arguments of the respondents and the questions set out in paragraph.

16Any party wishing to rely on written materials not already filed with the Tribunal or any facts not contained in the Application, Response, Reply or Request must deliver such documents or information to the other parties and file them with the Registrar within 21 days of the date of this Interim Decision.

17No further steps need be taken by any party prior to the hearing of the preliminary issue.

18I am not seized of this matter.