HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Peikang Dai
Applicant
-and-
Presbyterian Church in Canada et al.
Respondents
DECISION
Adjudicator: Brian Cook
Date: October 17, 2012
Citation: 2012 HRTO 1975
Indexed as: Dai v. Presbyterian Church in Canada
APPEARANCES
Peikang Dai, Applicant
Self-represented
Presbyterian Church in Canada et al., Respondents
David Elenbaas, Counsel
Introduction
1This Application is the fifth Application the applicant has filed with the Tribunal, arising out of the applicant’s attempts to have the Presbyterian Church in Canada (“the Church”) recognize the mainland Chinese Presbyterian Fellowship and constitute it as a congregation of the Church. The Church has not recognized the Fellowship. In the present Application, the applicant alleges that the decision-making process followed by the Church was discriminatory and that he has personally been subject to discrimination on the basis of race, colour, place of origin, citizenship, ethnic origin, creed, family status, marital status and reprisal.
Background
2The first Application was filed by the applicant in March 2009 under section 53(5) of the Code. That Application named the Presbytery of East Toronto, Presbyterian Church of Canada and a personal respondent. It alleged discrimination on the grounds of race, colour and ethnic origin. That Application was considered in Decisions 2010 HRTO 883 and 2010 HRTO 2415, which collectively removed the personal respondent and dismissed some of the allegations on the grounds that, even if those allegations were true, they did not establish a prima facie case of discrimination. The remaining allegations were dismissed because the applicant had not established proof of discrimination on the part of the Church. In particular, the Tribunal found that many of the alleged comments by individuals had not been made and that any of the comments