Armstrong v. McMurrich/Monteith (Township), 2009 HRTO 1592

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Shawn Armstrong

Applicant

-and-

Corporation of the Township of McMurrich/Monteith

Respondent

DECISION

Adjudicator: Kaye Joachim

Date: October 1, 2009

Citation: 2009 HRTO 1592

Indexed as: Armstrong v. McMurrich/Monteith (Township)

1This is an Application filed May 20, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O 1990, c. H.19, as amended (the "Code").

2The Tribunal was advised by the Ontario Human Rights Commission that no complaint was ever filed by the applicant against the respondent with respect to File No. TSAE-72ZLTP. A blank complaint form was sent to the applicant on May 8, 2007 but was never returned.

3The Tribunal advised the parties of the above information and sought submissions on whether the applicant may file the present Application under section 53(5) of the Code.

4Applicant's counsel responded that they had no record of filing a complaint on the applicant's behalf with the Commission prior to June 30, 2008. They nonetheless asked the Tribunal to accept the Application.

5As 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.

6The following transition provisions are relevant to this decision:

53. (1) This section applies to a complaint filed with the Commission under subsection 32 (1) of the old Part IV or initiated by the Commission under subsection 32 (2) of the old Part IV before the effective date.

(2) Subject to subsection (3) and despite the repeal of the old Part IV, during the six-month period that begins on the effective date, the Commission shall continue to deal with complaints referred to in subsection (1) in accordance with subsection 32 (3) and sections 33, 34, 36, 37 and 43 of the old Part IV and, for that purpose,

(a) the Commission has all the powers described in subsection 32 (3) and sections 33, 34, 36, 37 and 43 of the old Part IV; and

(b) the provisions referred to in clause (a) continue to apply with respect to the complaints, with necessary modifications.

(3) Subject to subsection (4), at any time during the six-month period referred to in subsection (2), the person who made a complaint that is continued under that subsection may, in accordance with the Tribunal rules, elect to abandon the complaint and make an application to the Tribunal with respect to the subject-matter of the complaint.

7The Transition provisions of the Code provide that an applicant may file a transition application in respect of a complaint that was filed at the Commission before June 30, 2008.

8The applicant concedes that he has no record of filing a complaint with the Commission by June 30, 2008. Accordingly, the applicant may not file a transitional Application and the Application is dismissed.

9This 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.