Ronald Ashby v. Concordia Lutheran Theological Seminary and Harald Tomesch, 2009 HRTO 2279

Human Rights Tribunal of Ontario

Between:

Ronald Ashby Applicant

-and-

Concordia Lutheran Theological Seminary and Harald Tomesch Respondents

Decision

Adjudicator: Naomi Overend Date: December 30, 2009 Citation: 2009 HRTO 2279 Indexed as: Ashby v. Concordia Lutheran Theological Seminary

Decision

1The applicant filed his Application on April 9, 2009 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code") alleging discrimination on the basis of age, disability and reprisal in the provision of goods and services. In this Application, he advised that he had also filed a Complaint with the Ontario Human Rights Commission (the "Commission") based on the same facts as this Application. He attached a copy of his Complaint to his Application.

2It would appear that the applicant was intending to use the section 34 application form to file an application under s. 53(5). In fact, at some point, the applicant was successful in filing an application under s. 53(5) prior to the June 30, 2009 deadline.

3The Tribunal sent the applicant a Notice of Intent to Dismiss, specifying that his Application appeared to be outside the jurisdiction of the Tribunal because the subject-matter of it was the same or substantially the same as the subject-matter of a complaint filed with the Commission. Subsection 53(8) of the Code states:

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 filed with the Commission under the old Part IV.

4The Notice of Intent to Dismiss invited the applicant to provide written submissions to the Tribunal by November 19, 2009, but none have been received.

5In light of the material before me, this Application is barred by subsection 53(8). This Application is, therefore, dismissed.