Baxter v. Queen’s University, 2017 HRTO 1528

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Paul Baxter

Applicant

-and-

Queen’s University

Respondent

INTERIM DECISION

Adjudicator: Brian Cook

Date: November 21, 2017

Citation: 2017 HRTO 1528

Indexed as: Baxter v. Queen’s University

WRITTEN SUBMISSIONS

Paul Baxter, Applicant

Olanyi Parsons, Counsel

Queen’s University, Respondent

Lisa Newton, Counsel

1This Application is scheduled for hearing on February 12 and 13, 2018.

2This Interim Decision addresses requests by the respondent that the Application be dismissed either because it is not timely or because it has no reasonable prospect of success.

3The Application is filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (“the Code”) and also alleges a contravention of a settlement under section 45.9 of the Code.

Timeliness

4Section 34 provides:

34. (1) If a person believes that any of his or her rights under Part I have been infringed, the person may apply to the Tribunal for an order under section 45.2,

(a) within one year after the incident to which the application relates; or

(b) if there was a series of incidents, within one year after the last incident in the series.

(2) A person may apply under subsection (1) after the expiry of the time limit under that subsection if the Tribunal is satisfied that the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay.

5In this case, the applicant alleges that there was a series of incidents within the meaning of subsection 34(b). The respondent denies that there was a series of incidents or that the last in any such series occurred within one year of May 10, 2016, when the Application was filed.

6Having reviewed the documents filed by the parties to date, I am of the view that a determination of whether or not there was a series of incidents within the meaning of section 34(b), and when the last of these incidents was, requires evidence. The request for dismissal on the basis of timeliness is denied at this time. This issue may be re-visited at a later date.

Request for summary hearing

7I am satisfied that it is not appropriate to schedule a summary hearing at this time because the merits of the Application cannot be assessed in the absence of evidence. The request for a summary hearing is denied.

Mediation/Adjudication

8As the parties will know, the Tribunal typically offers assistance with settlement discussions if the parties would like such assistance. A copy of the Tribunal’s mediation/adjudication agreement is included with this Interim Decision. The parties may return a signed copy to the Tribunal. This will allow the adjudicator to contact the parties for preliminary settlement discussions even before the scheduled hearing dates.