Bonnah v. Ontario (Community and Social Services), 2010 HRTO 1305

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Zachary Bonnah by his Litigation Guardian Gregory Bonnah

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services

Respondent

INTERIM DECISION

Adjudicator: Faisal Bhabha

Date: June 8, 2010

Citation: 2010 HRTO 1305

Indexed as: Bonnah v. Ontario (Community and Social Services)

1The Tribunal received an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination on the basis of disability in the provision of government services.

2The respondent filed a Response on February 12, 2010 in which it asks for early dismissal of the Application on the basis that the subject matter of the Application is the same or substantially the same as the subject matter of a complaint that was previously filed with the Ontario Human Rights Commission (“OHRC”) under the old Part IV of the Code, and that the applicant has signed a full and final release with respect to the same matter.

3In support of its Request, the respondent argues that the applicant filed a complaint with the OHRC dated October 12, 2006 relating to similar or identical facts and allegations as the present Application. That complaint was settled by way of a Memorandum of Settlement dated December 3, 2007. As part of that settlement, on January 9, 2008, the applicant executed, through his litigation guardian, a Release in favour of the respondent. According to counsel for the respondent, the period covered by the settlement was July 18, 2007 to July 17, 2008.

4On October 1, 2008, the applicant filed an Application for Contravention of Settlement, which went to hearing on August 31, 2009.

5The applicant takes the position that the OHRC “ordered” him to settle the previous complaint.

6In any event, the applicant clarifies that the allegations contained in the present Application cover only the 2008-2009 year.

7In the light of the applicant’s submissions, it appears the allegations contained in the Application do not overlap with the previous complaint or run afoul of the settlement of that complaint.

8The Tribunal will continue to process the Application. For the sake of clarity, no allegations of discrimination arising from events prior to July 18, 2008 will be allowed.