Kelly v. Brampton (City), 2010 HRTO 143

Human Rights Tribunal of Ontario

BETWEEN:

Andrea Kelly Applicant

-and-

The Corporation of the City of Brampton, Phyllis Williams, Sean Walsh, Sue Connor, Kevin O’Halloran, Peter Alder, Katie Lawson and Nancy Marchese Respondents

INTERIM DECISION

Adjudicator: Brian Eyolfson Date: January 22, 2010 Citation: 2010 HRTO 143 Indexed as: Kelly v. Brampton (City)

1This is an Application filed August 14, 2009, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), alleging discrimination on the basis of race, ethnic origin, disability, creed, and reprisal or threat of reprisal in employment. In addition to the organizational respondent, the Application named nine individuals as respondents.

2On November 12, 2009, the Tribunal issued a Notice of Intent to Dismiss the Application against five of the named individual respondents. The Notice stated:

It appears the Application as against certain of the named respondents is outside the Tribunal’s jurisdiction because the completed Application names the following persons, among others, as respondents: Sylvia Kirby, Peter Alder, Katie Lawson, Nancy Marchese and Tamara Crawford. A review of the Application and the narrative setting out the incidents of alleged discrimination fails to identify any specific acts of discrimination within the meaning of the Code allegedly committed by these individuals.

The Tribunal’s powers are limited to hearing and deciding allegations of discrimination within the social areas and based on the grounds contained in the Code. The Tribunal does not have a general power to inquire into claims of unfairness which are not covered by the Code.

You must provide written submissions explaining how each of these named individuals is alleged to have breached the Code (…).

3On December 11, 2009, the Tribunal received submissions from the applicant, dated November 19, 2009. The applicant advised that she consented to the Application being dismissed as against Sylvia Kirby and Tamara Crawford.

4With respect to Peter Alder, Katie Lawson, and Nancy Marchese, the applicant submitted that these individuals should remain as respondents. In her submissions, the applicant provided details of her allegations concerning these three individuals which, if accepted, could support a finding that these individuals violated the Code.

5Accordingly, the Application is dismissed as against the individual respondents, Sylvia Kirby and Tamara Crawford. The Application will proceed as against the remaining respondents and the style of cause is amended accordingly.

6I am not seized.