HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Shawn Richards Applicant
-and-
Simcoe Parts Service Respondent
INTERIM decision
Adjudicator: Brian Cook Date: November 9, 2009 Citation: 2009 HRTO 1905 Indexed as: Richards v. Simcoe Parts Service
1This Interim Decision deals with an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”). The Application was filed on September 10, 2009 and alleges discrimination in employment on the basis of disability.
2The Application appeared to indicate that the date of the last incident of the alleged discrimination was August 2006. Section 34 of the Code provides that unless the Tribunal is satisfied that the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay, a person may not file an application if more than one year has passed since the incident of discrimination, or last in a series of incidents, occurred.
3On October 13, 2009, the Tribunal issued a Notice to the applicant inviting submissions on whether the Tribunal should allow the Application to proceed given the delay. The applicant filed submissions and these have now been reviewed.
4From the Application and the submissions filed by the applicant, it may be that there is some ongoing relationship between the applicant and the respondent. The applicant refers to some ongoing communication about his entitlement to long term disability benefits from the respondent’s insurance company. There is also reference to discussions about a possible return to work in 2009 and a suggestion that the applicant was not allowed to return to work because of his disability.
5In this case, it is not plain and obvious on the face of the Application that the last alleged incident, or last in a series of incidents, of discrimination occurred over one year prior to filing this Application. Accordingly, the Tribunal will continue to deal with the Application.
6A decision not to dismiss an application and to continue to process the application is not a final decision on the issue of the Tribunal’s jurisdiction.
7In the circumstances the Application will be processed by the Tribunal and delivered to the respondent. The question of the application of section 34 to this case may be reviewed after a Response is filed.
Dated at Toronto, this 9th day of November, 2009.
“Signed By”
Brian Cook Vice-chair
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