Curtis Fee v. Nina Di Fresco, 2009 HRTO 2147

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Curtis Fee

Applicant

-and-

Nina Di Fresco

Respondent

decision

Adjudicator: Brian Cook

Date: December 10, 2009

Citation: 2009 HRTO 2147

Indexed as: Fee v. Di Fresco

1On August 19, 2009, the Tribunal issued an Interim Decision, 2009 HRTO 1283, in regards to an Application that alleged discrimination on the grounds of record of offences. The Interim Decision stated, in part:

According to the Application, the record of offences in this case was in relation to a conviction for impaired driving, which is an offence under the federal Criminal Code. If this is the case, the applicant would have to show that he has received a pardon under the Criminal Records Act, to show that he has a record of an offence within the meaning of the Code. There is no evidence or assertion regarding a pardon in the Application.

It is necessary to determine whether the applicant has a record of offences within the meaning of the Code. If he does not, it would appear that the Tribunal does not have jurisdiction to deal with the Application.

The applicant may make submissions on the question of whether he has a record of offences as defined in section 10 of the Code. Those submissions must be filed with the Tribunal and delivered to the respondent within two weeks of this Interim Decision. The respondent is not required to respond to the applicant’s submissions at this time. The Tribunal will consider the submissions and determine if the Application is within its jurisdiction, and the Application will be dismissed if it is not. If no submissions are received, the Application may be dismissed as abandoned.

2To date, the Tribunal has not received any submissions from the applicant. The Application is dismissed as abandoned.