Andrene Bartley v. Hamilton Urban Core Community Health Centre and Jesse Brooks, 2012 HRTO 107

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Andrene Bartley

Applicant

-and-

Hamilton Urban Core Community Health Centre and Jesse Brooks

Respondents

INtERIM DECISION

Adjudicator: David A. Wright

Date: January 16, 2012

Citation: 2012 HRTO 107

Indexed as: Bartley v. Hamilton Urban Core Community Health Centre

WRITTEN SUBMISSIONS

Andrene Bartley, Applicant ) Robert Garay, Counsel

Hamilton Urban Core Community Health Centre ) Wade Poziomka, Counsel

and Jesse Brooks, Respondents )

1On consent, the Application is amended to include the ground of race. The applicant need not file a new Application form, and the Application shall be considered to include the allegations in the Request for Order During Proceedings seeking amendment.

2It appears to the Tribunal that there may be an issue of whether some or all of the incidents alleged in the Application form a “series of incidents” within the meaning of the Tribunal’s jurisprudence, and therefore whether some or all of the Application may be untimely. Accordingly, the Tribunal directs that the parties make submissions on whether some or all of the allegations should be dismissed as outside its jurisdiction pursuant to ss. 34(1) and (2) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, because of delay.

3The Tribunal gives the following directions for the next steps in this case:

(1) Within 21 days of the date of this Interim Decision, the respondents shall deliver to counsel for the applicant and file an amended Response and their submissions on the issue of delay.

(2) Within 35 days of the date of this Interim Decision, the applicant shall deliver to counsel for the respondents and file with the Tribunal any Reply as a result of the amended Response and submissions on the issue of delay.

4Upon receipt of these submissions, the Tribunal may rule on whether some or all of the Application should be dismissed as outside its jurisdiction and on the Request for Summary Hearing.

5I am not seized.