HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Jason Williams
Complainant
-and-
Ontario Human Rights Commission
Commission
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Correctional Services, Greg Kitzul, Randy Ellison, and Robert Ewing
Respondents
DECISION
Adjudicator: David A. Wright
Date: August 19, 2011
Citation: 2011 HRTO 1560
Indexed as: Williams v. Ontario (Correctional Services)
[1] This is a Complaint referred to the Tribunal by the Ontario Human Rights Commission on December 15, 2005, in accordance with s. 36 of the Human Rights Code, R.S.O. 1990, c. H.19, as in force at the time.
[2] The Commission and respondents have filed the appropriate forms confirming that this matter has been settled. The applicant has not filed a signed Form 3.
[3] On July 27, 2011, the Tribunal issued a Case Assessment Direction that reads in relevant part as follows:
The Tribunal has received Form 3s on behalf of the respondent and the Ontario Human Rights Commission and has been advised the applicant signed Minutes of Settlement on April 5, 2007. The other parties take the position this matter is settled. The Tribunal has received nothing in writing from the applicant. Mr. Pieters has advised the Tribunal by telephone that he no longer represents Mr. Williams.
The Tribunal notes that the method to allege a breach of settlement is to file an Application under s. 45.9 of the Code. Forms are available on the Tribunal’s website at www.hrto.ca.
If the applicant wishes to proceed with Tribunal File HR-1036-05 he must deliver to the other parties and file with the Tribunal, within 14 days of the date of this Case Assessment Direction, a copy of the settlement of April 5, 2007 together with submissions explaining the basis on which he asserts that the settlement of April 5, 2007 does not put an end to his Complaint. If the applicant does not file submissions, or if, following a review of the applicant’s submissions, the Tribunal concludes that the matter is settled, it will issue an order finally disposing of the Complaint in accordance with the Minutes of Settlement of April 5, 2007.
[4] The complainant responded to this Case Assessment Direction in relevant part as follows:
I am disabled... I need help re-opening my personal settlement with which the employer never complied with.
I also need help in filing a new and or continuation of my complaint. I have documentation to support my claim past and present and directly related to the non compliance with my personal settlement and original claim. I have suffered reprisals on an ongoing basis.... I need assistance in filing out the proper forms… Please have someone contact me… I cant help but thinking that my persistence with the human rights issues maybe leading the employer to discriminate against me in my quest to be reinstated in my employment.
[5] The assistance the complainant seeks is appropriately requested from the Human Rights Legal Support Centre in the current human rights system. Its website is www.hrlsc.on.ca, and its telephone numbers are (416) 314-6266 or 1-866-625-5179. The complainant may also wish to consult the applicant’s guide, available on the Tribunal’s website at www.hrto.ca or from the Registrar’s Office.
[6] The Complaint referred to the Tribunal in 2005 has been settled by the parties. The complainant has given no valid reason that the settlement should not put an end to the matter.
[7] Accordingly, the Complaint is disposed of in accordance with the terms of the executed Minutes of Settlement and the Tribunal’s file is closed.
Dated at Toronto, this 19th day of August, 2011.
“Signed by”
David A. Wright
Associate Chair