John Stansens v. Liquor Control Board of Ontario, 2009 HRTO 657

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

John Stansens

Applicant

-and-

Liquor Control Board of Ontario

Respondent

INTERIM DECISION

Adjudicator: Sherry Liang

Date: May 20, 2009

Citation: 2009 HRTO 657

Indexed as: Stansens v. Liquor Control Board of Ontario

1This is an Application filed on February 26, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (“the Code”). The applicant alleges discrimination in employment on the ground of disability. The Application describes incidents between 1992 and 2006 in which the applicant states he was treated unequally. In March 2006, the applicant took early retirement. He received a separation package and signed a Full and Final Release, dated March 8, 2006, a copy of which he enclosed with his Application.

2Relying on the Release, the respondent requests that the Tribunal dismiss the Application on a preliminary basis. Further, the respondent asks the Tribunal to dismiss the Application as it raises allegations that are between three and seventeen years old, all of which, it states, are outside of the Code’s limitation period of one year.

3The Application in this matter appears to have been filed several years after the last incident to which the Application relates. Section 34 of the Code requires applications to the Tribunal to be made within one year of the last incident of alleged discrimination unless the applicant can show the delay was incurred in good faith and there will be no substantial prejudice to any respondent.

4The Registrar will schedule a telephone conference call. The purpose of this call is to hear the submissions of the parties on the requests of the respondent. If either party wishes to rely on any written materials (including written submissions, documents or case law) or facts not already before the Tribunal, they must deliver such additional material to the other parties and file it with the Registrar no later than two weeks before the date of the conference call.

5I am not seized of this matter.