Fallon v. Ontario (Community Safety and Correctional Services), 2011 HRTO 1029

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gerald Fallon Applicant

-and-

Ministry of Community Safety and Correctional Services, Ontario Provincial Police, Al Hough, Wendy Weist, Donald Webster, Darren Edwards and Barbara Purdy Respondents

INTERIM DECISION

Adjudicator: Ena Chadha Date: May 30, 2011 Citation: 2011 HRTO 1029 Indexed as: Fallon v. Ontario (Community Safety and Correctional Services)

1This Application was filed on March 31, 2011, under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of age. The Application initially identified 12 respondents, nine of which were individuals and three were related organizations.

2On May 4, 2011, the Tribunal issued a Notice of Incomplete Application (“Incompleteness Notice”) and a Notice Intent to Dismiss (“NOID”) because the Application may be outside of the Tribunal’s jurisdiction. The NOID indicated that it appears that the Application named certain respondents and failed to identify any specific acts of discrimination within the meaning of the Code allegedly committed by those individuals.

3On May 11, 2011, the applicant filed supplementary information in response to the Incompleteness Notice and NOID. These materials indicate that the applicant seeks to pursue the Application as against only five of the individuals and two of the organizations originally identified. The applicant specified the reasons why he believes the individuals are responsible for the alleged discrimination.

4Without making any findings with respect to the propriety of proceeding against the respondents, I am satisfied that the Application can now be processed with the supplementary information provided by the applicant. As such, the Application, the Incompleteness Notice, NOID and the applicant’s May 11, 2011 materials will be delivered to the respondents and the named affected party. The respondents and the named affected party are required to file their Responses, and any Request to Intervene, no later than 35 days after the Tribunal sends a copy of the Application and the accompanying documents.

5I am not seized of this matter.