Cleveland v. Toronto Community Housing Corporation, 2009 HRTO 193

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Paul Cleveland

Applicant

-and-

Toronto Community Housing Corporation and Pat Milana

Respondents

DECISION

Adjudicator: Kaye Joachim

Date: February 24, 2009

Citation: 2009 HRTO 193

Indexed as: Cleveland v. Toronto Community Housing Corporation

1This is an Application filed November 27, 2008 under section 53(3) of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"). The complaint underlying the Application was dated September 9, 2008.

2The parties were directed to make written submissions on whether the Application is within the jurisdiction of the Tribunal. This Interim Decision is based upon the written submissions filed by the parties.

3The Code provides that applicants may choose to abandon complaints filed with the Commission before June 30, 2008 and file a section 53(3) application with the Tribunal between July 1, 2008 and December 31, 2008.

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. [June 30, 2008].

(3) Subject to subsection (4), at any time during the six-month period referred to in subsection (2) [July 1, 2008 to December 31, 2008], 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.

4The Tribunal has no jurisdiction to accept an application under section 53(3) or 53(5) of the Code unless the underlying complaint was filed with the Commission prior to June 30, 2008. The applicant has not offered any evidence to establish that the complaint dated September 9, 2008 was filed with the Commission prior to June 30, 2008, and I find, on the basis of the date of the complaint, that it was not filed prior to June 30, 2008.

5I find that this Application is not within the jurisdiction of the Tribunal.