Julia Turner v. OLG Slots at Kawartha Downs, 2009 HRTO 714

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Julia Turner

Applicant

-and-

OLG Slots at Kawartha Downs

Respondent

decision

Adjudicator: Brian Cook

Date: June 1, 2009

Citation: 2009 HRTO 714

Indexed as: Turner v. OLG Slots

1The applicant filed this Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”). It relates to a complaint that was filed at the Ontario Human Rights Commission (the “Commission”) on June 14, 2007. The Application has not been delivered to the respondent.

2The Commission wrote to the applicant on November 4, 2008 to explain the changes to the Code. The Commission advised the applicant that she had the option of dropping her complaint with the Commission and filing an Application with the Tribunal instead.

3The Code was amended effective June 30, 2008. Section 34 of the Code pertains to new applications that are filed after June 30, 2008 and that do not involve matters that were the subject of a previous complaint to the Commission. The Tribunal does cannot accept or consider a section 34 application based on a prior Commission complaint.

4Section 53 of the Code provides that persons with complaints at the Commission that were not finally dealt with by the Commission, withdrawn, or settled prior to June 30, 2008 may abandoned the complaint and file an application under the transitional provisions of the Code. Section 53(5) provides a person with a complaint continuing at the Commission as of December 31, 2008 with the option of making an application may based on the subject matter of that complaint to the Tribunal before June 30, 2009. These applications are referred to as Transition Applications. They are made using a different application form (Form TR-1) and are subject to different Rules.

5The Tribunal Registrar wrote to the applicant on April 7, 2009 to advise that the Tribunal could not deal with the Application because it appeared to be based on prior Commission complaint and thus ought to be made as a section 53 application. The applicant was given the opportunity to make submissions explaining why she felt that her Application was properly filed under section 34. She has not done so.

6On the basis of the information provided with the Application, it is clear that the allegations concern matters that relate to the complaint previously filed with the Commission. As such the Tribunal has no power to decide the Application under s.34 of the Code and it is dismissed.

7If the applicant wishes to pursue her claim, she must file an Application under section 53(5) of the Code with the Tribunal before June 30, 2009. The section 53(5) Application form, together with the rules, forms and guides relating to section 53(5) Applications are available from the Tribunal’s website or the Registrar – Transition. The Application form is found under the “forms” heading on the Transition page of the website.