Fernando Cordero v. Hydro One Networks Inc., 2014 HRTO 1806

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Fernando Cordero Applicant

-and-

Hydro One Networks Inc. Respondent

INTERIM DECISION

Adjudicator: Keith Brennenstuhl Date: December 19, 2014 Citation: 2014 HRTO 1806 Indexed as: Cordero v. Hydro One Networks Inc.

WRITTEN SUBMISSIONS

Fernando Cordero, Applicant Self-represented

1This Application alleges discrimination with respect to contracts because of place of origin and ethnic origin contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2Section 34 of the Code states in part:

(1) If a person believes that any of his or her rights under Part 1 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.

3On November 19, 2014, the Tribunal issued a Notice of Intent to Dismiss the Application ("NOID") indicating that the Tribunal may not have jurisdiction over the Application because it appears as if the Application was filed more than one year after the last incident of discrimination and the applicant did not appear to have cited facts to constitute "good faith" within the meaning of the Code.

4On December 12, 2014, the applicant filed submissions in response to the NOID. The applicant indicates alleges continuing harassment by the respondent manifested by an incident in November, 2014.

5At this juncture it is not plain and obvious that the Application has been filed more than a year after the incident of alleged discrimination or that if there has been a delay that the delay was not incurred in good faith. In the circumstances it appears fair, just and expeditious to consider this preliminary issue in a hearing conducted by conference call.

6The respondent will be served with a copy of the Application, the NOID, the applicant's December 12, 2014 submissions and this Interim Decision. It will be entitled to participate in the preliminary hearing, but will not be required to file a Response until the Tribunal issues a decision on the issue of delay.

7If either party wishes to rely on any additional written materials (including written submissions, documents or case law) or facts not already before the Tribunal, they must deliver such additional material to the other party and file it with the Registrar at least 14 days prior to the preliminary hearing.

ORDER AND DIRECTION

8The Tribunal orders and directs as follows:

(i) The Tribunal will schedule a half-day conference call hearing to hear the parties submissions on the issue of delay at which the applicant will have to establish that the last incident of alleged discrimination occurred within one year of the filing of the Application or that if there has been a delay that the delay in filing was incurred in good faith; and

(ii) The Registrar will forward a copy of this Interim Decision, the Application, the NOID and the applicant's December 12, 2014 submissions to the respondent.