Steve Nwagbo v. Kristin Li, 2017 HRTO 1454

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Steve Nwagbo

Applicant

-and-

Kristin Li

Respondent

INTERIM DECISION

Adjudicator: Brian Cook

Date: November 3, 2017

Citation: 2017 HRTO 1454

Indexed as: Nwagbo v. Li

1The applicant has filed a Contravention of Settlement Application. The respondent submits that the Application should be dismissed because there was never a settlement between the parties.

2The Application filed by the applicant relates to an earlier Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment because of race. That Application was the subject of a hearing before the Tribunal which led to Decision 2017 HRTO 458. In that Decision, a Vice-chair of the Tribunal determined that the respondent discriminated against the applicant because of race and ordered the respondent to pay the respondent $2,500 as compensation for injury to dignity, feelings, and self-respect experienced by the applicant as a result of the discrimination. The Decision further ordered that if the respondent fails to make the payment, the respondent shall also pay post-judgement interest in accordance with the Court of Justice Act.

3In the present Contravention of Settlement Application, the applicant claims that the respondent did not pay the compensation the Tribunal ordered her to pay.

4The Contravention of Settlement Application must be dismissed because there was never a settlement of an Application between the parties.

5Instead, there was a Decision of the Tribunal including an order that the respondent pay the applicant compensation. The applicant states that the respondent did not make the payment she was ordered to make.

6The Tribunal does not have an independent power to enforce its Decisions. The procedure if an applicant seeks to enforce a Decision of the Tribunal is set out at section 19 of the Statutory Powers Procedure Act, RSO 1990, c S.22, which reads as follows:

19. (1) A certified copy of a tribunal’s decision or order in a proceeding may be filed in the Superior Court of Justice by the tribunal or by a party and on filing shall be deemed to be an order of that court and is enforceable as such.

(2) A party who files an order under subsection (1) shall notify the tribunal within 10 days after the filing.

(3) On receiving a certified copy of a tribunal’s order for the payment of money, the sheriff shall enforce the order as if it were an execution issued by the Superior Court of Justice.

7The Tribunal will provide the applicant with a certified copy of Tribunal Decision 2017 HRTO 458 with this Decision.

8The applicant may consult the Human Rights Legal Support Centre or other legal service for more information.