Brad Wilson v. Ontario Human Rights Commission, 2011 HRTO 351

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Brad Wilson

Applicant

-and-

Ontario Human Rights Commission

Respondent

Decision

Adjudicator: David A. Wright

Date: February 17, 2011

Citation: 2011 HRTO 351

Indexed as: Wilson v. Ontario Human Rights Commission

1This is an Application under s. 45.9 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, filed on August 25, 2008. The Application alleges breach of settlement by the Ontario Human Rights Commission.

2As a result of administrative errors by the Tribunal, the Tribunal took no action until it issued a Notice of Incomplete Application and Notice of Intent to Dismiss issued until December 15, 2010. The Tribunal apologizes to the parties for this error

3The Tribunal’s December 15, 2010 letter to the applicant asked the applicant to make submissions on the Tribunal’s jurisdiction in various respects.

4In response to the Tribunal’s notice, the applicant states that he is not alleging breach of settlement but rather that the respondent Commission failed to protect his human rights. He seeks to amend his Application in this regard.

5The Application is outside the Tribunal’s jurisdiction because it does not in fact allege breach of settlement. The Tribunal has no jurisdiction to review, in general, how the OHRC carried out its mandate under the previous version of the Human Rights Code.

6Accordingly, the Application is outside the Tribunal’s jurisdiction and it is dismissed.