Kwong v. Toronto Business Development Centre, 2010 HRTO 1149

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Victor Kwong

Applicant

-and-

Toronto Business Development Centre, Ed Hobs, Danny Brennan,

and Lorice Haig

Respondents

DECISION

Adjudicator: Kaye Joachim

Date: May 20, 2010

Citation: 2010 HRTO 1149

Indexed as: Kwong v. Toronto Business Development Centre

1This is an Application filed June 11, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"). The underlying complaint was filed with the Ontario Human Rights Commission ("Commission") on November 22, 2004.

2Upon review of the Application and the correspondence filed by the applicant from the Commission, it appeared to the Tribunal that the Application was not within its jurisdiction because the complaint upon which the Application is based was dismissed by the Commission on March 26, 2008 and the applicant's request for reconsideration was dismissed by the Commission on October 29, 2008. The status of the complaint as closed on December 31, 2008 because of the above two decisions was confirmed by the Commission.

3The Tribunal sought submissions from the parties but the applicant did not respond.

Decision

4Section 53 of the Code which provides:

(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.

(2) Subject to subsection (3) and despite the repeal of the old Part IV, during the six-month period that begins on the effective date, the Commission shall continue to deal with complaints referred to in subsection (1) in accordance with subsection 32 (3) and sections 33, 34, 36, 37 and 43 of the old Part IV and, for that purpose,

(a) the Commission has all the powers described in subsection 32 (3) and sections 33, 34, 36, 37 and 43 of the old Part IV; and

(b) the provisions referred to in clause (a) continue to apply with respect to the complaints, with necessary modifications.

(3) Subject to subsection (4), at any time during the six-month period referred to in subsection (2), 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. (emphasis added).

5The Tribunal may only accept a complaint that is continued at the time of the section 53 Application. As the Commission had finally disposed of the complaint by October 29, 2008, there was no continued complaint at the time the applicant filed the transitional Application in June 2009.

6The Application is dismissed.