Anderson v. Workplace Safety and Insurance Board, 2009 HRTO 1927

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Robert Anderson

Applicant

-and-

Workplace Safety and Insurance Board

Respondent

DECISION

Adjudicator: Kaye Joachim

Date: November 12, 2009

Citation: 2009 HRTO 1927

Indexed as: Anderson v. Workplace Safety and Insurance Board

1This is an Application received February 9, 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 applicant was directed to provide the original complaint filed with the Ontario Human Rights Commission but failed to do so. The Commission has since advised the Tribunal and the parties that the applicant first contacted the Commission on February 17, 2000 indicating a desire to file a complaint and was provided with a complaint form. The Commission records indicate that the complaint form was not returned to the Commission and therefore no complaint was ever filed.

3The 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.

4As the applicant had not filed a complaint with the Commission prior to June 30, 2008, he may not file a transitional Application. The Application is dismissed.

5This 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.