HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Judy Bradshaw-Clark

Applicant

-and-

The Queen in Right of Ontario as represented by the Minister of Community and Social Services

Respondent

AND B E T W E E N:

Richard Locke

Applicant

-and-

The Queen in Right of Ontario as represented by the Minister of Community and Social Services

Respondent

AND B E T W E E N:

Vanessa Molto

Applicant

-and-

The Queen in Right of Ontario as represented by the Minister of Community and Social Services

Respondent

AND B E T W E E N:

Robert Fleming

Applicant

-and-

The Queen in Right of Ontario as represented by the Minister of Community and Social Services

Respondent

AND B E T W E E N:

Angela Vermeulen

Applicant

-and-

The Queen in Right of Ontario as represented by the Minister of Community and Social Services

Respondent

AND B E T W E E N:

Margaret Mahaney

Applicant

-and-

The Queen in Right of Ontario as represented by the Minister of Community and Social Services

Respondent

AND B E T W E E N:

Rita Caissie

Applicant

-and-

The Queen in Right of Ontario as represented by the Minister of Community and Social Services

Respondent

AND B E T W E E N:

Angela Ninni

Applicant

-and-

The Queen in Right of Ontario as represented by the Minister of Community and Social Services

Respondent

AND B E T W E E N:

Donna Hird

Applicant

-and-

The Queen in Right of Ontario as represented by the Minister of Community and Social Services

Respondent

AND B E T W E E N:

Lisa Belcourt

Applicant

-and-

The Queen in Right of Ontario as represented by the Minister of Community and Social Services

Respondent

AND B E T W E E N:

Randy Tilling

Applicant

-and-

The Regional Municipality of Durham and

The Queen in Right of Ontario as represented by the Minister of Community and Social Services

Respondents

DECISION

Adjudicator: Kaye Joachim

Date: November 13, 2009

Citation: 2009 HRTO 1937

Indexed as: Bradshaw-Clark v. Ontario (Community and Social Services)

Introduction

1These Applications were filed in June 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 respondents argue that the applicants may not file the Transitional Applications because the complaints underlying the Applications were referred to the Tribunal on January 29, 2008.

3The Tribunal served a Notice of Intent to Dismiss and sought submissions from the applicants’ counsel. No submissions were received.

Decision

4Section 53 of the Code provides:

(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.

(2) Subject to subsection (3) and despite the repeal of the old Part IV, during the six-month period that begins on the effective date, the Commission shall continue to deal with complaints referred to in subsection (1) in accordance with subsection 32 (3) and sections 33, 34, 36, 37 and 43 of the old Part IV and, for that purpose,

(a) the Commission has all the powers described in subsection 32 (3) and sections 33, 34, 36, 37 and 43 of the old Part IV; and

(b) the provisions referred to in clause (a) continue to apply with respect to the complaints, with necessary modifications.

(3) Subject to subsection (4), at any time during the six-month period referred to in subsection (2), 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.

(4) If, after the end of the six-month period referred to in subsection (2), the Commission has failed to deal with the merits of a complaint continued under that subsection and the complaint has not been withdrawn or settled, the complainant may make an application to the Tribunal with respect to the subject-matter of the complaint within a further six-month period after the end of the earlier six-month period. (emphasis added).

5The Tribunal may only accept a complaint as a transition application which is continued as described in section 53(3) or was not dealt with by the Commission prior to January 1, 2009 as described in section 53(5). As the Commission had already referred these matters to the Tribunal, they may not also be filed as transition Applications.

6These Applications are dismissed.