HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Peter Stopyn
Applicant
-and-
UAPP Union Local 67, Leslie Ellerker and Mark Ellerker
Respondents
DECISION
Adjudicator: Ena Chadha
Indexed as: Stopyn v. UAPP Union Local 67
1This Application for Contravention of Settlement (Form 18), filed on October 4, 2010, pursuant to s. 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleges that the respondents breached a Settlement entered into by the parties of another application to the Tribunal.
2Rule 24.2 of the Tribunal’s Rules of Procedure requires the applicant to file a copy of the written Settlement alleged to have been contravened, together with his Form 18 (Application for Contravention of Settlement); however, he failed to do so.
3The respondents filed a Response to an Application for Contravention of Settlement (Form 19) on October 19, 2010. The Response indicates that no Settlement exists between the parties and notes that the applicant failed to append any Settlement along with his Application.
4On January 19, 2011, the Tribunal issued a Notice of Intent to Dismiss advising the applicant that the Application for Contravention of Settlement appears outside of the Tribunal’s jurisdiction because it does not include a copy of the written Settlement alleged to have been signed by the parties, and fails to identify which term of the alleged Settlement is alleged to have been breached by the respondents and how it was breached. The applicant was directed to file submissions to address this issue.
5Although the applicant filed submissions dated March 11, 2011, the applicant did not provide a copy of the alleged Settlement, and he did not explain which term of the alleged Settlement was breached and how it was breached.
6Section 45.9 of Part IV of the Code provides as follows:
(3) If a settlement of an application made under section 34 or 35 is agreed to in writing and signed by the parties, a party who believes that another party has contravened the settlement may make an application to the Tribunal for an order under subsection (8) …
(5) An application under subsection (3) shall be in a form approved by the Tribunal.
7Rule 24.2 of the Tribunal’s Rules of Procedure states:
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.
8In light of the applicant’s failure to provide a copy of an alleged Settlement signed by the parties, the Tribunal orders that the Application be dismissed as outside of the Tribunal’s jurisdiction. No Settlement has been filed in support of the Contravention of the Settlement Application, and the Application does not detail the alleged breach of settlement.
9Accordingly, the Application is outside the Tribunal’s jurisdiction and it is dismissed.
Dated at Toronto, this 6th day of May, 2011.
”signed by”___________
Ena Chadha
Vice-chair