Malabre v. LMC Endocrinology Centres (Toronto) Ltd., 2014 HRTO 1742

Human Rights Tribunal of Ontario

B E T W E E N:

Diane Malabre

Applicant

-and-

LMC Endocrinology Centres (Toronto) Ltd.

Respondent

DECISION

Adjudicator: Leslie Reaume

Date: December 2, 2014

Citation: 2014 HRTO 1742

Indexed as: Malabre v. LMC Endocrinology Centres (Toronto) Ltd.

APPEARANCES

Diane Malabre, Applicant

Cecil Norman, Representative

LMC Endocrinology Centres (Toronto) Ltd., Respondent

Ronnie Aronson, Representative

1The applicant filed an Application for Contravention of Settlement on April 10, 2012, pursuant to section 45.9(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging a breach of settlement. In the Application, the applicant alleged that the respondent had not complied with minutes of settlement dated February 7, 2012, regarding Tribunal Application 2011-04420-I which required the respondent to pay her an agreed-upon amount as settlement monies within 21 days of the date of the minutes, i.e., February 28, 2012.

2A hearing took place which resulted in a decision of the Tribunal in favour of the applicant (2013 HRTO 385), and the following orders:

The respondent shall immediately pay the settlement funds pursuant to the minutes;

The respondent shall pay pre-judgment interest on this amount from February 28, 2012 to the date of this Decision, in accordance with section 128 of the Courts of Justice Act, R.S.O 1990, c. C.43; and,

In the event that the respondent fails to make the payment described above within 30 days of the date of this Decision, the respondent shall pay post-judgment interest in accordance with section 129 the Courts of Justice Act, R.S.O 1990, c. C.43.

3The applicant has now filed a second Application for Contravention of Settlement based on the same facts and the failure of the respondent to comply with the orders set out above.

4An oral hearing was held on November 27, 2014. While the applicant asserts that the Tribunal has the authority to enforce its own orders, this is incorrect. The authority to enforce an order of the Tribunal lies with the Courts pursuant to section 19 of the Statutory Powers Procedure Act, RSO 1990, c S.22:

19. (1) A certified copy of a tribunal’s decision or order in a proceeding may be filed in the Superior Court of Justice by the tribunal or by a party and on filing shall be deemed to be an order of that court and is enforceable as such. 1994, c. 27, s. 56 (35); 2006, c. 19, Sched. C, s. 1 (1).

5Accordingly, the Application for Contravention of Settlement is dismissed.