Marwan El Jamal v. Ontario (Community and Social Services), 2014 HRTO 575

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Marwan El Jamal

Complainant

-and-

Ontario Human Rights Commission

Commission

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Community and Social Services

Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: April 24, 2014

Citation: 2014 HRTO 575

Indexed As: El Jamal v. Ontario (Community and Social Services)

1This Interim Decision addresses the respondent’s request that the Tribunal dismiss this complaint. The complaint alleged discrimination because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) in the special diet allowance provided under Ontario’s social assistance system.

2By letter dated April 11, 2014, the respondent requested that the Tribunal dismiss the complaint because the complainant has filed two claims before the Social Benefits Tribunal (“SBT”) which raise the same issues. The respondent indicated that the complainant is currently pursuing appeals before the SBT with respect to his claims.

3Section 43(2) of the Code provides that an application that is within the jurisdiction of the Tribunal shall not be finally disposed of without affording the parties an opportunity to make oral submissions in accordance with the Tribunal’s Rules of Procedure. Therefore, I deny the respondent’s request to dismiss the complaint without a hearing.

4However, I find it appropriate to defer consideration of the complaint pending the outcome of the SBT’s summary hearing.

ORDER

5This complaint is deferred pending the outcome of the SBT’s proceeding. If the complainant wishes to proceed with this complaint, he must advise the Tribunal in writing within 60 days after the conclusion of the SBT proceeding. If the complainant does seek to re-activate his complaint, the respondent may request that the Tribunal dismiss the complaint, in whole or in part, under s. 45.1 of the Code on the basis that the SBT proceeding has appropriately dealt with the substance of the complaint.