Human Rights Tribunal of Ontario
B E T W E E N:
Raymond Fontaine
Applicant
-and-
Workplace Safety and Insurance Board
Respondent
DECISION
Adjudicator: Mary Truemner
Indexed as: Fontaine v. Workplace Safety and Insurance Board
Background
1The applicant filed an Application on May 28, 2009 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"). The Application alleges discrimination in employment because of age. The Application states that the date of the last event is November 19, 2004; therefore, the Tribunal sent the applicant a Notice to Dismiss the Application because it was filed more than one year from the date of the alleged discrimination. The applicant's counsel responded, and stated that the applicant
was of the understanding that as his complaint [at the Human Rights Commission] was not withdrawn or settled prior to January 1st he had an option to file an application under Section 53.5. That was his intention.
2In fact, the applicant did file an application under s.53(5) on May 28, 2009 ("the s.53(5) Application"), the same day he filed this Application made under s.34. His complaint to the Ontario Human Rights Commission filed under the old Part IV of the Code (the "complaint") was attached to the s.53(5) Application. The complaint also indicates that the date of the discrimination was November 19, 2004. The events described in his complaint, which form his complete allegations in the s.53(5) application, are identical to those described in this Application.
Decision
3Section 53(8) of the Code states:
53(8) 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.
4The applicant has named the same respondent in both this Application and the s.53(5) Application, and described events which are the same in each. Given the language of s.53(8), I therefore must dismiss this Application made under s.34, because the Tribunal has no jurisdiction to process and hear it. The subject-matter in this Application is the same as the subject-matter in the complaint. The s.53(5) Application, however, will continue to be processed by the Tribunal.
5This Application is dismissed.
Dated at Toronto, this 7th day of December, 2009.
"Signed By"
Mary Truemner
Vice-chair
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