HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
J.A. Fortin
Applicant
-and-
Workplace Safety and Insurance Board
Respondent
DECISION
Adjudicator: Michelle Flaherty
Indexed as: Fortin v. Workplace Safety and Insurance Board
1This is an Application filed under section 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging breach of settlement.
2Rule 24 of the Tribunal’s Rules of Procedure states:
24.1 An application under s. 45.9(3) of the Code alleging contravention of a settlement must be filed in Form 18, Application for Contravention of Settlement, delivered to the other parties to the settlement and filed with the Tribunal.
24.2 The Application for Contravention of Settlement must include an answer to each question in Form 18 and include a copy of the settlement alleged to have been contravened.
3The applicant filed the Application with the Tribunal. In response to an Interim Decision, he later filed the Minutes of Settlement with the Tribunal. To date, however, despite the Tribunal’s numerous directions in this regard, he has failed to deliver the Application or the Minutes of Settlement to the respondent or to file a Form 23 confirming service.
4The Tribunal has provided a number of directions to the applicant regarding his obligation to deliver documents to the respondent:
a. In an Interim Decision 2011 HRTO 1219, the Tribunal directed the applicant to file a Form 23 confirming that the Application and the Minutes of Settlement were served upon the respondent. The applicant filed a copy of the Minutes of Settlement with the Tribunal, but he did not file a Form 23 as directed.
b. On September 9, 2011, the Tribunal issued a Case Assessment Direction (“CAD”) directing the applicant to file a Form 23 by September 16, 2011 failing which his Application may be deemed to have been abandoned.
c. On September 23, 2011, the applicant filed numerous documents with the Tribunal. These do not appear to have been provided to the respondent. Further, the applicant did not filed a Form 23 in response to the Tribunal’s CAD or in regards to the documents he filed on September 23, 2011.
d. In a further CAD dated October 17, 2011, the Tribunal explained that the Tribunal’s Rules of Procedure require a party filing a document with the Tribunal to also provide that document to the respondent and to confirm, by way of a Form 23, that the document was sent to the respondent. The Tribunal again directed the applicant to comply with the Rules.
e. On October 24, 2011, the applicant filed a number of further documents with the Tribunal, including a copy of the Minutes of Settlement. The applicant also filed a Form 23 indicating that the documents in question had been delivered to the Tribunal. The Form 23 makes no mention of whether the documents were also delivered to the respondent. At the bottom of the Form 23, the applicant wrote: “See the attachments and information already submitted to the Tribunal”. [TRANSLATION].
f. In a further CAD dated November 8, 2011, the Tribunal directed the applicant to provide a copy of the Minutes of Settlement and any other document upon which he intends to rely to the respondent and to file a Form 23 confirming that the documents had been provided to the respondent. The Tribunal wrote:
The applicant has had a number of opportunities to comply with the Tribunal’s direction. If the applicant again fails to file a Form 23 as directed, the Tribunal may provide further direction to the parties regarding whether the matter may proceed and, if so, whether the applicant will be permitted to rely on the documents he has filed with the Tribunal.
5The applicant has failed to properly file the Application in accordance with the Tribunal’s Rules. He has repeatedly ignored directions from the Tribunal regarding the steps he needed to follow in order to properly file the Application.
6The applicant’s failure to file the Application in compliance with the Tribunal’s Rules means that the Tribunal cannot properly consider the Application or the allegations it contains. It would be manifestly unfair for the Tribunal to proceed with an application that has not been provided to the respondent or where the applicant has repeatedly refused to provide proof of service.
7The Application cannot proceed in the circumstances. The Tribunal will close its file.
Dated at Toronto this 2nd day of December, 2011.
”signed by”________
Michelle Flaherty
Vice-chair