Richard Banigan v. Canadian Air and Space Museum, 2009 HRTO 1797

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Richard Banigan Applicant

-and-

Canadian Air and Space Museum Respondent

INTERIM DECISION

Adjudicator: Brian Eyolfson

Date: October 28, 2009

Citation: 2009 HRTO 1797

Indexed as: Banigan v. Canadian Air and Space Museum

INTRODUCTION

1The applicant filed a Contravention of Settlement Application (Form 18) pursuant to s. 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application alleges a contravention of minutes of settlement dated March 2, 2002, to resolve a Complaint filed with the Ontario Human Rights Commission (the “Commission”) under the old Part IV of the Code.

2On September 1, 2009, the respondent filed a Response to the Application (Form 19). The respondent submits that the applicant has not provided a copy of a signed agreement as required by the Tribunal’s Rules and that it does not have a copy of a signed agreement. The respondent also submits that it has not been able to obtain a copy of a signed agreement from the Commission and it has had extensive discussions with Commission staff who confirmed that the Commission’s files in this matter do not contain a signed agreement. The respondent also submits that the time period for alleging a contravention of settlement has expired.

THE TRIBUNAL’S JURISDICTION

3The material filed with the Application raises an issue of whether the Tribunal has jurisdiction over the matters raised in the Application. As submitted by the respondent, the minutes of settlement attached to the Application are labelled “draft” and are not signed by the parties. In addition, it is not clear that any settlement was “approved by” the Commission.

4Section 43 of the Code as it stood at the time of the purported settlement read as follows:

Where a settlement of a complaint is agreed to in writing, signed by the parties and approved by the Commission, the settlement is binding upon the parties, and a breach of the settlement is grounds for a complaint under section 32, and this Part applies to the complaint in the same manner as if the breach of the settlement were an infringement of a right under this Act.

5Section 54 of the current Code reads as follows:

Section 45.9 of the new Part IV applies to enforcement of a settlement that,

(a) was effected by the Commission under the old Part IV before the effective date or during the six-month period referred to in subsection 53(2); and

(b) was agreed to in writing, signed by the parties and approved by the Commission.

6In the circumstances, the applicant is directed to deliver to the respondent and file with the Tribunal a settlement agreement that is signed by the parties within 21 days of the date of this Interim Decision. If the applicant does not provide a copy of a signed settlement agreement, the Tribunal may dismiss the Application.

7I am not seized of this matter.