Cleveland v. Toronto Community Housing Corporation, 2009 HRTO 86

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 26, 2009 Citation: 2009 HRTO 86 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"). In a prior Interim Decision, 2009 HRTO 27, the applicant was directed to explain when the complaint dated September 9, 2008 was filed with the Ontario Human Rights Commission ("Commission") and why the complaint was dated September 9, 2008.

2The applicant has responded that the complaint was filed with the Commission on April 21, 2008 but does not explain how a complaint dated September 9, 2008 could have been filed before June 30, 2008. The respondents assert that they never received a copy of the complaint from 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.

4The applicant's mere assertion that a complaint dated September 9, 2008 was filed with the Commission prior to June 30, 2008 is not sufficient to satisfy me that this complaint was filed prior to June 30, 2008.

5The Tribunal has no jurisdiction to accept an application under section 53(3) or 53(5) of the Code unless the complaint was filed with the Commission prior to June 30, 2008.

6This Application shall be dismissed within 20 days, unless the applicant provides evidence that the complaint dated September 9, 2008 was filed with the Commission prior to June 30, 2008. The applicant may wish to consult with the Commission on this matter.