Donald Scott Bower v. Toronto Community Housing Corporation and Pat Milana, 2009 HRTO 24

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Donald Scott Bower

Applicant

-and-

Toronto Community Housing Corporation

and Pat Milana

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: January 9, 2009

Citation: 2009 HRTO 24

Indexed As: Bower v. Toronto Community Housing

1This is an Application filed December 1, 2008 under section 53(3) of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). The respondents have been given an extension until January 19, 2009 to file a Response. No mediation has been scheduled in this Application.

2The underlying complaint giving rise to this Application is undated, unsigned and does not contain an Ontario Human Rights Commission (“Commission”) file number. It is not clear whether the complaint which forms the basis of the present Application complaint was ever filed with the Commission.

3The Code provides that complainants may choose to abandon complaints filed with the Commission before June 30, 2008 and file a section 53(3) application with the Tribunal between July 1, 2008 and December 31, 2008.

53. (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 [June 30, 2008].

(3) Subject to subsection (4), at any time during the six-month period referred to in subsection (2) [July 1, 2008 to December 31, 2008], 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.

4In the circumstances, the Tribunal requires more information and submissions from the parties on whether this Application is properly before the Tribunal under section 53(3) of the Code.

5Also, the respondents request that the Application be deferred pending resolution of the applicant’s grievances against the corporate respondent.

6Section 45 of the Code permits the Tribunal to defer an application in accordance with the Tribunal’s Rules. The Tribunal determines that it is also appropriate to receive submissions with respect to whether, if the Application is properly filed under section 53(3) of the Code, it ought to be deferred pursuant to section 45 of the Code.

7The Tribunal makes the following Orders:

• The Ontario Human Rights Commission will be provided with a copy of this decision, along with a copy of the complaint related to the present Application and contact information for the parties to the Application;

• Within 20 days of the date of this decision, the Commission shall advise the Tribunal and the parties whether the attached complaint was filed with the Commission, and if so, the date it was filed and the status of the complaint at December 31, 2008.

• Within 20 days of the receipt of this information, the applicant and the respondent may file written submissions on whether the present Application was properly filed under section 53(3) of the Code.

• Within 20 days of the date of this decision, the applicant shall file written submissions in response to the respondent’s written submissions requesting deferral of his Application pending resolution of the grievances.

• Within 10 days of receipt of the applicant’s submissions on the deferral question, the respondents shall deliver to the applicant and file with the Tribunal a reply to the applicant’s submissions, if any.

8The Tribunal may decide the preliminary issues on the basis of the written submissions. If oral submissions are required, the Tribunal will contact the parties to set a case resolution conference.

I am not seized of this matter.