Wilberforce v. Lennox and Addington Family and Children’s Services, 2009 HRTO 204

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Glenna Wilberforce

Applicant

-and-

Lennox and Addington Family and Children’s Services, the Board of Directors of Lennox and Addington Family and Children’s Services and Greg Moon

Respondents

INTERIM decision

Adjudicator: Brian Eyolfson

Date: February 25, 2009

Citation: 2009 HRTO 204

Indexed As: Wilberforce v. Lennox and Addington Family and Children’s Services

1This is an Application filed November 6, 2008, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment on the basis of disability, sex, sexual solicitation or advances, and reprisal.

2The Application indicates that a Complaint based on the same facts as the Application was previously filed with the Ontario Human Rights Commission (the “Commission”). That Complaint, which has been provided by the applicant, is dated May 8, 2008.

3In response, the respondents have made a Request for Early Dismissal of the Application because a Complaint was filed with the Commission based on the same facts as the Application. The respondents refer to section 53(8) of the Code which provides:

No application, other than an application under subsection (3) or (5), may be made to the Tribunal if the subject-matter of the application is the same or substantially the same as the subject-matter of a Complaint that was filed with the Commission under the old Part IV.

4In her Response opposing the Request for Early Dismissal, the applicant provided a copy of a letter dated September 9, 2008, from the Commission which states that the file before the Commission “has been closed as withdrawn”. The applicant submits that, for the purposes of section 53(8) of the Code, there is no prior Complaint filed with the Commission.

5The Tribunal invited the parties to provide further written submissions on the Tribunal’s decision in Patterson v. Somebuddy’s Restaurant and Eatery, 2008 HRTO 160. In response, the respondents requested that, in advance of either party providing further submissions, the Tribunal request that the Commission provide a statement of facts in respect of the applicant’s Complaint with the Commission. The respondents submit that the Commission has information that is relevant to the issues in dispute between the parties.

6Under Rule 1.7(p) of the Tribunal’s Rules of Procedure, authorizing the Tribunal to require any person to produce information in order to provide for the fair, just and expeditious resolution of any matter before it, the Tribunal directs the Commission to file and deliver to the parties, by March 17, 2009, a statement of facts in relation to the applicant’s Complaint file with the Commission. This should include information about the filing of the Complaint with the Commission, communications between the applicant and the Commission, communications between the respondents and the Commission, and any other facts related to the processing of the Complaint by the Commission and its apparent withdrawal (subject to mediation privilege).

7The parties shall have until March 24, 2009, to deliver and file any submissions in response.

8The Registrar will provide the Commission with a copy of the Application, the Complaint and the letter from the Commission to the applicant dated September 9, 2008, and the parties contact information along with this Interim Decision.

9I am not seized of this matter.