HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Daniel Parsons Applicant
-and-
The Regional Municipality of York, Tony Pulla, David Owen and Joseph Petrungaro Respondents
INTERIM DECISION
Adjudicator: Jennifer Scott Date: May 20, 2011 Citation: 2011 HRTO 982 Indexed as: Parsons v. York (Regional Municipality)
1The applicant filed an Application for Contravention of Settlement on May 25, 2010 pursuant to section 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). In the Application, the applicant states the respondent, the Regional Municipality of York (“York”), has not complied with the minutes of settlement dated February 18, 2010 which required York, among other things, to relocate the applicant to a different location of employment. In the Application for Contravention of Settlement, the applicant alleges that he should not have been moved to the Concord yard.
2The Application for Contravention of Settlement is proceeding to a hearing on June 6, 2011.
3On May 18, 2011, the applicant wrote to the Tribunal to request that allegations of harassment and retaliation be added to the Application for Contravention of Settlement to avoid him having to file a new Application for the harassment/retaliation allegations.
4The applicant cannot convert an Application for Contravention of Settlement to a new application under section 34 of the Code. To be heard by the Tribunal, these allegations must be the subject of a new Application filed by the applicant.
5The applicant’s request to have new allegations of discrimination added to the hearing on June 6, 2011 is denied. The hearing will be limited to the Application for Contravention of Settlement and all of the documentary evidence filed by the parties and witnesses called must be relevant to that issue alone.
Dated at Toronto this 20th day of May, 2011.
”Signed by”
Jennifer Scott Vice-chair