Toneguzzo v. Kimberly-Clark Inc. (No. 2), 2005 CanLII 94016

Human Rights Tribunal of Ontario

Date: June 2, 2005
Citation: Unreported

B E T W E E N:

Ontario Human Rights Commission
Commission

and

Anne Toneguzzo
COMPLAINANT

A N D:

Kimberly-Clark Inc.
RESPONDENT

INTERIM DECISION

Tribunal Member: Michael Gottheil
Date: June 2, 2005
Unreported
File No.: HR-0600-04

INTRODUCTION

1. This is a complaint brought under the Human Rights Code, R.S.O. 1990, c.H.19 as amended ("the Code"), alleging an infringement of sections 5(1), 5(2), 8 and 9. The Complaint was referred to the Tribunal on February 6, 2004.

2. On May 24, 2005 the Tribunal held a prehearing conference by way of teleconference to deal with a number of preliminary and procedural issues. All parties were in attendance through counsel or their representative.

3. The Respondent Kimberly-Clark Inc. advised that it sought to bring several preliminary motions. The issues it sought to raise had been set out in its pleadings, previously served and filed, and attached as Appendix "E" thereto. Those issues, briefly summarized are as follows:

   1. That any allegation set out in the pleadings of the Commission or the Complainant that relate to events after March 1, 2001, the date of the Complaint, be struck out;
   2. That any allegation set out in the pleadings of the Commission or the Complainant that relate to matters or events not raised in the Complaint, be struck out;
   3. That any allegation in the pleadings of the Commission and the Complainant that the Respondent asserts are inconsistent or contradict one another, be struck out; and
   4. That any allegation set out in the pleadings of the Commission or the Complainant that relate to actions of Manulife Financial, be struck out. In the alternative, Manulife Financial should be given notice of these proceedings and be given an adequate opportunity to respond.

4. The parties agreed that all these preliminary matters should be heard together and agreed to the following timelines:

   1. The Respondent will serve and file its motion materials (including an electronic copy) on or before September 6, 2005;
   2. The Commission and the Complainant are to serve and file any reply materials (including an electronic copy) on or before September 19, 2005;
   3. The motions shall be heard orally and will be set for September 22, 2005 at the Tribunal's offices in Toronto commencing at 10:00 a.m.

5. The parties further agreed that Manulife Financial should be given notice of these motions, but did not comment as to whether it should be granted status in respect of any one or all of the motions.

ORDER

6. The Tribunal directs that the Registrar provide Manulife Financial a copy of this decision and the Notice of Hearing of this motion. In addition, the Tribunal directs the Commission, within 30 days of this decision, to provide Manulife Financial with a copy of the Complaint, the Notice of Referral of the Complaint, the Commission's pleadings and any other disclosure or materials it has provided to the Respondent. The Respondent is directed to provide Manulife Financial, within 30 days of this decision, a copy of the Respondent's pleadings and any other disclosure or materials it has provided to the Commission and the Complainant. The Complainant is likewise directed to provide Manulife Financial with any pleadings, disclosure or materials it has provided the other parties, and to do so within 30 days of this decision. The Tribunal directs the Respondent to provide to the parties, and the Tribunal Registrar, an appropriate contact at Manulife Financial for service within 10 days of this decision.

7. When the parties serve their motion materials, as set out above in paragraph 4, they are directed to serve a copy on Manulife Financial. Manulife Financial, if it seeks to participate in the motions, or any one of them, shall serve and file submissions setting out the grounds upon which it claims to be entitled to participate, its position with respect to the motion(s) in which it seeks to participate and any documents upon which it intends to rely. It shall serve and file this material no later than September 19, 2005.

8. The agreed upon process for exchange of motion materials as set out in paragraph 4 above is hereby made an Order of the Tribunal.

HEARING DATES

9. The parties also agreed to a schedule for the hearing of the merits of this Complaint. The hearing will take place at the Tribunal's offices in Toronto on November 14, 15, 16, 17, 28, 29 and 30, 2005, commencing at 10:00 a.m.

10. I am seized of this matter.

Michael Gottheil
Vice-Chair