Zoran Backovic v. Her Majesty the Queen in Right of Ontario as represented by the Ministry of Labour and Sinem Askin, 2016 HRTO 222

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Zoran Backovic

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Labour and Sinem Askin

Respondents

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: February 19, 2016

Citation: 2016 HRTO 222

Indexed as: Backovic v. Ontario (Labour)

WRITTEN SUBMISSIONS

Zoran Backovic, Applicant

Self-represented

1This Interim Decision addresses the applicant’s request to re-activate his deferred Application.

2In his Application, the applicant alleges that the respondents discriminated against him because of gender identity, gender expression and sexual orientation contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). Having reviewed the Application, his allegations are more properly characterized as allegations of sex discrimination, as he is alleging discrimination because he is a man.

3By Interim Decision, 2015 HRTO 1300, I deferred consideration of the Application pending the outcome of an appeal that the applicant had filed with the OLRB. The applicant has now withdrawn that appeal and requested that the Tribunal re-activate his Application.

4The applicant’s request to reactivate his Application is granted. However, the Tribunal will schedule a summary hearing to hear the parties’ submissions on whether the Application should be dismissed on the basis that the allegations are covered by the doctrine of adjudicative immunity and/or that the Application stands no reasonable prospect of success.

order

5For the reasons set out above, the applicant’s Request to reactivate the Application is granted. However, the Tribunal will schedule a summary hearing as directed in the Case Assessment Direction delivered to the parties with this Interim Decision.

6I am not seized of this matter.