Chiu v. Long, 2010 HRTO 445

Human Rights Tribunal of Ontario

B E T W E E N:

William Chiu Applicant

-and-

Sean Long Respondent

INTERIM DECISION

Adjudicator: Alan Whyte Date: February 25, 2010 Citation: 2010 HRTO 445 Indexed as: Chiu v. Long

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), which alleges discrimination in the areas of goods, services and facilities and membership in a vocational association, on the grounds of race, colour, ancestry, place of origin and ethnic origin.

2The applicant and Desjardins Financial Security, the corporate respondent, have resolved the Application as between them, and the Tribunal ordered on September 8, 2009 that the Application was finally disposed of as between the applicant and the corporate respondent. The Tribunal further ordered that the Application would proceed as between the applicant and personal respondent (“the respondent”).

3In the Response filed by the respondent, the issue of the applicant's delay in filing this Application was raised. The allegedly discriminatory incident occurred on August 8, 2007 and the Application was filed on January 18, 2009. The applicant explains his delay in both the Application and the Reply by indicating that he was trying to resolve the matter with the corporate respondent, and that the corporate respondent's final letter to the applicant which denied all allegations was dated August 25, 2008. In essence, the applicant takes the position that the one-year limitation period runs from that date.

4The respondent forwarded an e-mail dated February 9, 2010 to the Registrar which contains a request that the Tribunal determine the delay issue as a preliminary matter. The e-mail makes specific submissions with respect to that issue.

5In paragraph 3 of the e-mail, the respondent refers to a letter dated December 19, 2007 from the corporate respondent to the applicant, however, that letter is not attached to the e-mail. The respondent is directed to provide a copy of that letter to the applicant and file it with the Tribunal within 10 days of the date of this Interim Decision, if the respondent has a copy of the letter in his possession or control.

6The applicant is directed to provide written submissions to the respondent and to file such submissions with the Tribunal within 21 days of the date of this Interim Decision. Such submissions should respond to the submissions made by the respondent in the February 9, 2010 e-mail.

7The respondent may file reply submissions within 30 days of the date of this Interim Decision.

8Upon receipt of the parties’ submissions, the Tribunal will determine the delay issue and/or take such other steps as may be necessary for the fair, just and expeditious processing of this Application.

9I am not seized.