HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Rigaud Bastien
Applicant
-and-
York University
Respondent
INTERIM DECISION
Adjudicator: Geneviève Debané
Date: June 8, 2015
Citation: 2015 HRTO 749
Indexed as: Bastien v. York University
WRITTEN SUBMISSIONS
Rigaud Bastien, Applicant
Self-represented
York University, Respondent
Joanna S. Rainbow, Counsel
1This matter is scheduled for hearing on December 10, 2015, in Toronto commencing at 9:30 a.m.
2The applicant filed a Request for an Order during Proceedings (the “RFOP”) on April 13, 2015, in which he requests that the Tribunal issue an order restricting the respondent from seeking and communicating information about him to various entities. The applicant attached a complaint to the Privacy Commissioner.
3The respondent filed submissions opposing the RFOP, amongst other reasons, because it falls outside of the scope of the Tribunal’s jurisdiction.
Decision
4In Felix v. Shoppers Drug Mart, 2010 HRTO 2179, the respondent sought orders prohibiting the applicant from communicating directly with or harassing any employees of the respondent and an order prohibiting the respondent from attending at any locations of the respondent. After reviewing its powers under the Statutory Powers Procedure Act, and the Tribunal’s Rules, the Tribunal concluded at paragraph 14:
The Tribunal has the power to make orders controlling the abuse of its process and ensuring that the Tribunal process is free from abusive comments by any participant. However, the broad orders requested by the respondent that the applicant not communicate with SDM employees and not attend at SDM premises go beyond the Tribunal’s role in controlling its own process and relate to the general interaction between the parties. The Tribunal does not have general injunctive powers. Accordingly, I decline to make the first two orders requested by the respondent.
5I find that the order sought by the applicant is in the nature of injunctive relief and goes beyond the Tribunal’s mandate. In these circumstances, the Tribunal declines to make the order sought by the applicant.
Dated at Toronto, this 8^th^ day of June, 2015.
“Signed By”
Geneviève Debané
Vice-chair