Mohammad v. Liverton Hotels International, 2009 HRTO 497

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mushtaq Mohammad

Applicant

-and-

Liverton Hotels International Inc. (operated as) Metropolitan Hotel, Henry Wu, Paul Sing, Diego Restrepo, Unite Here Canada (Unite Here Ontario Council) (Former Local 75), Alexandra Dagg, Paul Clifford, and Andrea Bowker

Respondents

INTERIM DECISION

Adjudicator: Mary Truemner

Date: April 24, 2009

Citation: 2009 HRTO 497

Indexed as: Mohammad v. Liverton Hotels International

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”), on December 23, 2008. On March 11, 2009, the Tribunal’s Registrar issued a Notice of Intent to Dismiss on the basis that the Application appeared to be outside the Tribunal’s jurisdiction because of s.53(8) of the Code. The subject-matter of the Application appeared to be substantially the same as the subject-matter of a complaint filed with the Ontario Human Rights Commission.

2Pursuant to the Registrar’s Notice, the applicant filed submissions and argued that the Application to the Tribunal dealt mostly with new incidents of discrimination. He did not attach a copy of the complaint that he had filed with the Commission because he claims that the Commission lost it.

3Although the material in the Application raises a significant issue about whether the Tribunal has jurisdiction to accept the Application, the Tribunal does not have enough information to decide the issue. Given that the matter is unclear, the Tribunal will serve the Application on the respondents who are free to raise the issue of jurisdiction in their Response.

4I am not seized.