Massey v. City of Mississauga, 2010 HRTO 27

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kenny Massey

Applicant

-and-

City of Mississauga

Respondent

INTERIM DECISION

Adjudicator: Mark Hart Date: January 7, 2010 Citation: 2010 HRTO 27 Indexed as: Massey v. Mississauga (City)

1This is an Application dated March 4, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2On March 6, 2009, the applicant filed an Application form (Form TR-1) with the Tribunal. However, the Application did not attach the applicant’s human rights complaint as filed with the Commission, did not identify the respondents to the Application, and was not filed with a Statement of Delivery confirming service of the required documents on the respondents.

3By letter dated June 2, 2009, the Tribunal confirmed receipt of the Application, but indicated that the Application was incomplete by reason of the defects identified above. The applicant was advised that no further steps would be taken to process the Application until it was complete, and the applicant was told to provide the missing information within 21 days from the date of the letter, failing which the Application may be dismissed.

4On November 20, 2009, the Tribunal sent a further letter to the applicant, stating that more than 21 days had passed since the Tribunal’s previous letter and the Application remained incomplete. The applicant was advised that s. 43(2).1 of the Code provides that the Tribunal shall not dispose of an application without affording the parties an opportunity to make oral submissions. The applicant was told to contact the Tribunal within ten days of the date of the letter if he wanted to make oral submissions, failing which the Tribunal would dismiss the Application.

5On November 30, 2009, the Tribunal received a completed TR-1 form from the applicant together with a Statement of Delivery confirming service of the application form on the respondent.

6On December 1, 2009, the Tribunal received a letter from counsel for the respondent requesting that the Application be dismissed on the basis that the applicant had failed to attach his human rights complaint to the Application form faxed to the respondent.

7On December 2, 2009, the Tribunal received an e-mail from the applicant attaching his complaint as filed with the Commission. This e-mail states that a copy had been sent to the City of Mississauga as well, but the e-mail was not copied to the respondent nor was a Statement of Delivery form filed.

8On December 3, 2009, the Tribunal sent a letter to the parties requesting submissions from the applicant in response to the respondent’s request to dismiss the Application. No submissions were filed by the applicant.

9A copy of the complaint as filed with the Tribunal was sent to the respondent with a copy of the December 3, 2009 letter.

10While the applicant has not fully complied with the Rules relating to the filing of his Application, the Tribunal does now have on file the substance of the completed Application including the human rights complaint and these materials are in the hands of the respondent. As a result, I exercise my power under the Rules to waive the applicant’s non-compliance with the Rules and accept the Application as now filed. As a result, the respondent’s request that the Application be dismissed is denied.

11The respondent shall serve and file its Response to the Application in Form TR-2 within 35 days of the date of this Interim Decision.