Henry Freitag v. Corporation of the Municipality of Penetanguishene, 2011 HRTO 42

Human Rights Tribunal of Ontario

Between:

Henry Freitag Applicant

-and-

Corporation of the Municipality of Penetanguishene Respondent

Interim Decision

Adjudicator: Brian Eyolfson Date: January 5, 2011 Citation: 2011 HRTO 42 Indexed as: Freitag v. Penetanguishene (Municipality)

Interim Decision

1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), on September 21, 2009.

2On January 18, 2010, the Tribunal issued a Notice of Application to the respondent. The respondent was advised that a Response (Form 2) must be filed with the Tribunal not later than 35 days from January 18, 2010. As of the date of this Interim Decision, the respondent has not filed a complete Response with the Tribunal. Instead, on September 13, 2010, the respondent provided the Tribunal with a brief letter indicating its position that the applicant does not have standing to bring this Application and it should be dismissed by the Tribunal.

3The Tribunal's Rules require a full Response from respondents, even when they are raising an objection to an application which they seek to have determined on a preliminary basis. The Tribunal's response form permits a request for early dismissal without a full response in only the following four circumstances, where it is alleged that the issues in dispute are the subject of: (a) a full and final signed release between the parties; (b) a civil court proceeding requesting a remedy based on the alleged human rights infringement; (c) a complaint filed with the Ontario Human Rights Commission; or, (d) exclusive federal jurisdiction. In all other circumstances, respondents must file a full Response, even where a preliminary or jurisdictional issue is being raised.

4While the Tribunal may vary or waive the application of its Rules, including the requirement to file a full Response, the Tribunal determines that it is appropriate to require a full Response before proceeding further with the Application.

5The respondent is directed to file a Response by January 25, 2011.

6I am not seized of this matter.