Stephen Miller v. City of Toronto, 2012 HRTO 1303

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Stephen Miller

Applicant

-and-

City of Toronto

Respondent

INTERIM DECISION

Adjudicator: Douglas Sanderson

Date: June 29, 2012

Citation: 2012 HRTO 1303

Indexed as: Miller v. Toronto (City)

WRITTEN SUBMISSIONS

Stephen Miller, Applicant

Self-represented

City of Toronto, Respondent

Ian Solomon, Counsel

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of record of offences.

2The applicant states that the respondent wrongly terminated his employment when he did not complete a rehabilitation program by the date agreed by the respondent, the applicant and the trade union representing the applicant. The respondent denies the allegations and asserts that it provided appropriate accommodation to the applicant.

3The respondent also requests early dismissal of the Application because another proceeding has appropriately dealt with the matter, pursuant to section 45.1 of the Code and because the applicant signed a full and final release with respect to the same issues in dispute. The respondent asserts that the applicant executed two “last chance” agreements that appropriately dealt with the substance of the Application, pursuant to section 45.1 of the Code. The respondent also asserts that both agreements contain a release in favour of the respondent that bars the applicant from proceeding with this Application.

4The Tribunal directed the applicant to file a Response to Request for Order During Proceedings (“Response to Request”) to respond to the dismissal request. The applicant filed a Response to Request, but it did not address the dismissal request.

5Section 45.1 of the Code provides:

The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the Application.

6Section 43(2) of the Code provides that the Tribunal shall not finally dispose of an application without affording the parties a chance to make oral submissions.

7Within 14 days of the date of this Decision, the applicant will advise the Registrar and the respondents in writing whether he would like an opportunity to make oral submissions on the issue of whether the Application should be dismissed pursuant to section 45.1 of the Code.

8If the applicant indicates that he wishes to make oral submissions, the Registrar will schedule an oral hearing by way of telephone conference to address the following issues:

Did the last chance agreements appropriately deal with the substance of the Application?

Is the Application an abuse of process, in light of the release language contained in the last chance agreement?

9If the parties wish to rely on case law or other supporting material not already filed with the Tribunal, then they are directed to deliver this material to each other and to the Tribunal no later than two weeks before the date scheduled for the conference call.

10If the applicant does not communicate with the Registrar in response to this Interim Decision or if he indicates that he does not wish to make oral submissions, the Tribunal will determine the issues based on the materials already filed by the parties.

11The applicant may wish to contact the Human Rights Legal Support Centre for assistance www.hrlsc.on.ca.

12I am not seized of this matter.