Andrea Greening v. North York Chrysler, 2012 HRTO 920

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Andrea Greening

Applicant

-and-

North York Chrysler, Tom Jamali, Vahid Bahmani, Ron Basir,

Frank Portugal, Hossein Totonchian and Ahmad Nabtiti

Respondents

interim decision

Adjudicator: Keith Brennenstuhl

Date: May 8, 2012

Citation: 2012 HRTO 920

Indexed as: Greening v. North York Chrysler

1On August 31, 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 place of origin, ethnic origin, sex and age in respect of employment.

2The respondents filed a Response in which they ask the Tribunal to dismiss the Application because the Application was commenced over one year after the alleged discrimination, or the last incident in a series of alleged incidents of discrimination, occurred.

3The applicant filed a Reply to the Response in which she asserts that the Application was filed within one year after the last of a series of incidents to which the Application relates.

4Section 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.

5There 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.

6The Tribunal will schedule a half-day 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.

7I am not seized.