Pitchaiappah Kanesavardan, 2009 HRTO 1696

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Pitchaiappah Kanesavardan

Applicant

DECISION

Adjudicator: Kaye Joachim

Date: October 16, 2009

Citation: 2009 HRTO 1696

Indexed as: Kanesavardan

1This is an Application received June 3, 2009 and made under section 53(5) of Part VI of the Human Rights Code, R.S.O 1990, c. H.19, as amended (the “Code”).

2The applicant referenced Commission File Number LCA0-7FSLG7 but failed to attach the complaint.

3Information from the Ontario Human Rights Commission (the “Commission”) indicates that no complaint associated with Commission File Number LCA0-7FSLG7 was filed with the Commission. The Commission also stated that they had a record of contact with the applicant with inquiry number 20062008 LCA0-7FSLG7, but no formal complaint was ever filed.

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.

5The evidence before me indicates that the applicant did not file a complaint with the Commission prior to June 30, 2008. Therefore, the Tribunal may not accept the present Application and it is dismissed.

6This 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.