HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Daniel Addai
Applicant
-and-
Best Buy Canada Ltd. d.b.a. Future Shop
Respondent
DECISION
Adjudicator: Naomi Overend
Indexed as: Addai v. Best Buy Canada Ltd.
WRITTEN SUBMISSIONS
Daniel Addai, Applicant
Self-represented
Decision
1The purpose of this Decision is to determine whether this Application should be dismissed on the basis that it is barred by subsection 34(11) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
2The applicant filed this Application on December 29, 2014 alleging discrimination in service on the basis of colour, race, ethnic origin, place of origin and ancestry.
3On May 9, 2014, the applicant filed a Statement of Claim ('Claim") for discrimination and false imprisonment. His Claim addresses the same allegations covered by his Application, and specifically seeks damages under s. 46.1 of the Code. The Claim was dismissed as abandoned, but this dismissal was set aside by the Court.
4The applicant was directed to file submissions on whether the Application is barred by s. 34(11) of the Code, which states:
A person who believes that one of his or her rights under Part I has been infringed may not make an application under subsection (1) with respect to that right if,
(a) a civil proceeding has been commenced in a court in which the person is seeking an order under section 46.1 with respect to the alleged infringement and the proceeding has not been finally determined or withdrawn; or
(b) a court has finally determined the issue of whether the right has been infringed or the matter has been settled.
5The applicant acknowledges that he cannot continue in both processes, states that he intends to pursue the Claim, but has not withdrawn his Application to this Tribunal.
6On the face of the pleadings, the applicant is barred from continuing his Application before this Tribunal. His Application is, accordingly, dismissed.
Dated at Toronto, this 14^th^ day of August, 2015.
"Signed by"
Naomi Overend
Vice-chair