John v. Alexanian Law Firm, 2015 HRTO 1375

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Darren John

Applicant

-and-

Alexanian Law Firm and Shahen Armen Alexanian

Respondents

DECISION

Adjudicator: David Muir Date: October 16, 2015 Citation: 2015 HRTO 1375 Indexed as: John v. Alexanian Law Firm

WRITTEN SUBMISSIONS

Darren John, Applicant

Self-represented

1This Application alleges discrimination with respect to employment because of disability and reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2In their Response the respondents advised that the applicant has commenced a civil suit in relation to the facts in this case and asked that it be dismissed pursuant to section 34(11) of the Code which provides as follows:

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order under section 46.1 with respect to the alleged infringement and the proceeding has not been finally determined or withdrawn; or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.

3The respondents provided a Statement of Claim. The applicant asserts that the version of the Statement of Claim provided by the respondent has been redacted but did not provide another version. The reasons that follow are based on the version ofthe Statement of Claim provide by the respondents.

4The applicant argues that his civil claim is that he was wrongfully dismissed and not a claim that he experienced discrimination.

5I have reviewed the Statement of Claim which appears to have been issued on February 17, 2015. In the Statement of Claim, the applicant alleges wrongful dismissal and bad faith. The allegations in the Statement of Claim are essentially the same as those contained in the Application. In particular, the Statement of Claim includes the allegations of racist verbal abuse that the applicant alleges he experienced at the hands of the individual respondent and his spouse. The Statement of Claim also includes the allegation he experienced discrimination and harassment because of his race. The applicant seeks amongst other relief – general damages in the amount of $400,000 and aggravated and punitive damages in the amount of $100,000.

6It is clear that the facts and issues alleged in the Statement of Claim are the same as those raised in this Application. Although the Code is not mentioned nor is there an explicit reference to section 46.1 of the Code in substance. The Application and the civil claim are identical and allege discrimination and harassment in employment on the basis of race and a discriminatory dismissal from employment. The Application of section 34(11) does not require that there be explicit reference to the Code. See Beaver v. Dr. Hans Epp Dentistry Professional Corporation, 2008 HRTO 282.

7I find that the requirements of section 34(11) are met here in that a civil proceeding has been commenced where damages are sought for alleged violations of the Code and that proceeding has not been finally determined, withdrawn or settled. For these reasons, the Application is dismissed.