Luigi Zavarellu v. Toronto Transit Commission, 2009 HRTO 964

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Luigi Zavarellu

Applicant

-and-

Toronto Transit Commission

Respondent

INTERIM DECISION

Adjudicator: Alison Renton

Date: July 3, 2009

Citation: 2009 HRTO 964

Indexed as: Zavarella v. Toronto Transit Commission

1This is an Application filed December 30, 2008 pursuant to s. 34 of the Human Rights Code, R.S.O. 1990. c. H.19, as amended, (the “Code”). The Application contains very few factual details, but from the boxes marked on the application form, it appears that the applicant alleges that he was dismissed from his employment because of a disability, with the last event taking place on March 31, 2004. The applicant explains that he is applying more than one year from the last event because he originally made a Complaint with the Ontario Human Rights Commission. The applicant also requested that the hearing of this matter be expedited pursuant to Rule 21 of the Tribunal’s Rules of Procedure.

2The respondent opposed the Request to expedite. The respondent also provided a copy of the Commission complaint and took the position the Application was outside of the Tribunal’s jurisdiction pursuant to s. 53(8) of the Code. The Complaint alleged discrimination on the basis of disability in employment against the respondent and others and alleged that the applicant was dismissed from employment after missing work for medical reasons in 2005. Neither party provided information about whether the complaint was finally determined by the Commission, withdrawn or settled.

3In an earlier Interim Decision, 2009 HRTO 80 (“the January 2009 Interim Decision”), the applicant’s Request to expedite was denied. The applicant was ordered to deliver to the respondent and file with the Tribunal submissions on whether the Tribunal has jurisdiction to hear this Application in light of s. 53(8) of the Code. The applicant was given until February 5, 2009 to file his materials. As of the date of this Interim Decision, the applicant has not filed any submissions or otherwise contacted the Tribunal.

4The Application shall be dismissed as abandoned, unless the applicant delivers to the respondent and files with the Tribunal the submissions he was ordered to file in para. 12 of the January 2009 Interim Decision within five (5) business days of the date of this Interim Decision. The Tribunal shall also send another copy of the January 2009 Interim Decision to the applicant.

5I am not seized of this matter.