Leslie Austin v. Byron Freehouse Inc., 2015 HRTO 543

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Leslie Austin

Applicant

-and-

Byron Freehouse Inc.

Respondent

DECISION

Adjudicator: Keith Brennenstuhl

Date: April 29, 2015

Citation: 2015 HRTO 543

Indexed as: Austin v. Byron Freehouse Inc.

APPEARANCES

Leslie Austin, Applicant

Self-represented

Byron Freehouse Inc., Respondent

Self-represented

1The applicant alleges that the respondent breached a settlement in contravention of section 45.9 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2Under the settlement dated June 20, 2014, the respondent agreed to pay the applicant $500.00 within 14 days from the date of the settlement. The respondent did not receive the payment. On August 6, 2014 the applicant filed this Application.

3The respondent's owner testified that she remembered issuing a cheque in favour of the applicant in the amount of $500.00 and was under the impression that it had been delivered to the applicant. The applicant indicated that he never received the cheque. The owner acknowledged that the cheque was never cashed and he did not seriously challenge the applicant's evidence that the cheque was not received.

4Section 45.9(8) of the Code sets out the Tribunal's power to remedy contraventions of settlements. It states that the Tribunal may make "any order that it considers appropriate to remedy the contravention".

5Given the evidence that I have highlighted above I find that that the respondent has breached the settlement entered into by the parties by failing to pay the amount set out in the settlement. As a remedy for the respondent's breach of settlement, the applicant has requested that the Tribunal order the respondent to pay the applicant the unpaid settlement monies.

6The respondent has agreed to pay the applicant $500.00 forthwith by delivering to his residence in the early afternoon on April 17, 2015 a cheque in that amount.

order

7In light of the above, the Application for Contravention of Settlement is granted. The respondent shall immediately pay the $500.00 owing to the applicant under the terms of the settlement by delivering a cheque in that amount to the applicant's residence on April 17, 2015.