Cleveland v. Toronto Community Housing Corporation, 2009 HRTO 27

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Paul Cleveland

Applicant

-and-

Toronto Community Housing Corporation and Pat Milana

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: January 9, 2009

Citation: 2009 HRTO 27

Indexed as: Cleveland v. Toronto Community Housing Corporation

1This is an Application filed November 27, 2008 under section 53(3) of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). The respondents have not yet filed a Response but have submitted that the Tribunal has no jurisdiction over this Application on the basis that the allegations do not disclose a breach of the Code. In the circumstances the respondents are not required to file their Response until the matter identified below has been resolved.

2The underlying complaint giving rise to this Application is dated September 9, 2008. The Ontario Human Rights Commission (“Commission”) ceased accepting complaints on July 1, 2008. It is not clear whether this complaint was filed with the Commission before June 30, 2008. The Tribunal has no jurisdiction to consider an application made under section 53(3) unless it is based on the subject-matter of a complaint filed before June 30, 2008.

3In the circumstances, the Tribunal requires the Applicant to provide submissions explaining when the complaint was filed with the Commission and why the complaint attached to this Application is dated after the effective date. The submissions are to be delivered to the respondents and filed with the Tribunal within 10 days of receipt of this decision.

4The Tribunal may decide the preliminary issues on the basis of the written submissions. If the respondents wish to respond to the submissions they should do so within 5 days of receipt of the applicant’s submissions.

5I am not seized of this matter.