HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
David Banbury
Applicant
-and-
Kingston Family YMCA
Respondent
DECISION
Adjudicator: Brian Cook
Indexed as: Banbury v. Kingston Family YMCA
1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application was filed on August 27, 2012 and names the Kingston Family YMCA and various associated individuals.
2After reviewing the Application it appeared to the Tribunal that the Tribunal might not have the power to deal with the Application. The Tribunal noted that it appears that almost all of the events described in the Application occurred more than one year before the Application was filed. The Tribunal can only deal with events that occurred more than one year before the Application was filed if there is a good faith explanation for the delay of if the events are part of a series of events. The Tribunal also noted that it appeared that the applicant’s complaints did not concern things that the Tribunal has the power to deal with. The Tribunal does not have general powers to deal with all allegations of discrimination or unfairness and can only deal with the specific areas and grounds of discrimination that are set out in the Code. The applicant was invited to make submissions on these issues.
3The applicant sent a communication to the Tribunal on May 3, 2013. It provides some more information about things that have happened in the past but does not comment on the issues identified by the Tribunal.
4The only allegation that is mentioned in the Application that occurred within one year of August 27, 2012, when the Application was filed is that between August 25 and September 25, 2011, the applicant was “subject to ‘hypervigilence’ and predatory behaviour among staff and members at the YMCA.” The Application did not indicate that this alleged behaviour was because of a Code-protected ground.
5It appears that the Application was filed more than one year before the Application was filed and it does not appear that the events described in the Application were part of a series of related events or that there is a good faith explanation for the delay. The events that are alleged to have occurred within one year of the when the Application was filed do not appear to concern things that the Tribunal has the authority to deal with.
6For these reasons, the Application is dismissed.
Dated at Toronto, this 27th day of May, 2013.
”signed by”
Brian Cook
Vice-chair