Human Rights Tribunal of Ontario

B E T W E E N:

Audrey Chen Applicant

-and-

Toronto Police Services Board Respondent

INTERIM DECISION

Adjudicator: Keith Brennenstuhl Date: May 31, 2012 Citation: 2012 HRTO 1089 Indexed as: Chen v. Toronto Police Services Board

[1] On November 28, 2011, the applicant filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code") alleging discrimination on the basis of race, ethnic origin, sex and reprisal in respect of employment.

[2] The respondent filed a Request for an Order During Proceedings ("Request"), together with submissions, seeking an Order dismissing the Application on the basis that the Tribunal does not have the jurisdiction to hear the Application as it is out of time and as a consequence is contrary to section 34 of the Code.

[3] The applicant filed a Response to a Request for an Order ("Response"), together with submissions, arguing that the Application should be heard as it is timely and, therefore, within the jurisdiction of the Tribunal.

[4] Section 34 of the Code states:

34.(1) If a person believes that any of his or her rights under Part I have been infringed, the person may apply to the Tribunal for an order under section 45.2:

(a) within one year after the incident to which the application relates; or

(b) if there was a series of incidents, within one year after the last incident in the series.

(2) A person may apply under subsection (1) after the expiry of the time limit under that subsection if the Tribunal is satisfied that the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay.

[5] There is an issue regarding the Tribunal's power to hear this matter as a result of delay. In the circumstances, the Tribunal will consider: whether the Application alleges a continuing breach and/or what is the date of the last incident upon which the Application is based; whether the delay, if any, was incurred in good faith; and, whether if there was delay in filing the Application, whether substantial prejudice would result to anyone affected by the delay.

[6] The Tribunal will schedule a half-day in-person hearing with respect to these matters. If any of the parties intends to call oral evidence, witness statements must be provided to the other parties and filed with the Tribunal no later than 14 days prior to the date of the hearing. If any party wishes to file additional written submissions, legal authorities or documentary evidence, these materials must be provided to the other parties and filed with the Tribunal no later than 14 days prior to the date of the hearing.

[7] I am not seized.

Dated at Toronto, this 31st day of May, 2012.

"signed by"

Keith Brennenstuhl

Vice-chair