John Wood v. Workplace Safety and Insurance Board, 2017 HRTO 1360

Human Rights Tribunal of Ontario

B E T W E E N:

John Wood

Applicant

-and-

Workplace Safety and Insurance Board

Respondent

DECISION

Adjudicator: Jo-Anne Pickel

Date: October 16, 2017

Citation: 2017 HRTO 1360

Indexed as: Wood v. Workplace Safety and Insurance Board

WRITTEN SUBMISSIONS

John Wood, Applicant

Self-represented

1The applicant filed an Application alleging discrimination in employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). Specifically, the applicant alleged that he sustained a serious head injury at work and that the respondent denied him benefits for the injury.

2On September 11, 2017, the Tribunal sent the applicant a Notice of Intent to Dismiss (“NOID”), advising him that it appears that the Application is outside of the Tribunal’s jurisdiction for the following reasons: (1) the Application was filed more than one year after the last incident of discrimination described in the Application and (2) the applicant is challenging the decision or outcome of another adjudicative process.

3The applicant filed submissions in response to the NOID. However, he did not address the issues raised in the NOID as to why the Tribunal may not have jurisdiction over his Application.

Analysis and Decision

4An application will only be dismissed at a preliminary stage if it is “plain and obvious” on the face of the application that it does not fall within the Tribunal’s jurisdiction. See Masood v. Bruce Power, 2008 HRTO 381.

5The Tribunal does not have a general power to review the decisions of other administrative bodies or tribunals. The Tribunal has held on a number of occasions that such decisions are protected by the principle of adjudicative immunity. See for example Cartier v. Nairn, 2009 HRTO 2208, and Seberras v. Workplace Safety and Insurance Board, 2012 HRTO 115.

6If the applicant does not agree with the respondent’s decision, his recourse is to appeal it. He did so, but the Workplace Safety and Insurance Appeals Tribunal denied his appeal. His recourse, if he disagrees with the decision, is to seek judicial review in court. This Tribunal cannot overturn the decision of another administrative tribunal.

order

7For the above reasons, I find that it is plain and obvious that the Tribunal does not have jurisdiction over the Application and it is dismissed.