Lampi v. Princess House Products Canada, 2008 HRTO 333

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Darlene Lampi by her executrix Linda Lennard

Complainant

-and-

Ontario Human Rights Commission

Commission

-and-

Princess House Products Canada Inc. and James B. Smith

Respondents

INTERIM DECISION

Adjudicator: Sherry Liang

Date: December 1, 2008

Citation: 2008 HRTO 333

Indexed as: Lampi v. Princess House Products Canada

1This interim decision provides direction on preliminary issues to be addressed at the commencement of the hearing on December 3, 2008 and confirms the representative of the complainant’s estate for the purpose of this complaint.

2The complainant, Darlene Lampi, is deceased. Prior to her death in August 2006, she filed a complaint alleging that the respondents discriminated against her on the basis of sex, sexually harassed her and terminated her employment as a reprisal for enforcing her right to be free of discrimination and harassment, contrary to the Ontario Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”).

3Previously, the representative of the complainant’s estate for the purpose of this complaint was Steve Zullo, named as the executor under the deceased’s will. The Tribunal has been provided with a recent Order of the Ontario Superior Court of Justice by which Mr. Zullo has been removed as Estate Trustee and Linda Lennard has been named in his place. Ms. Lennard has been copied on all correspondence and materials throughout this complaint and the Tribunal confirms that she may from now act as the representative of the estate for the purpose of this complaint.

4The Tribunal has reviewed the witness statements filed by the Commission and the respondents in this matter. The content of these witness statements raises issues about the admissibility of much of the intended evidence in these proceedings. Much of the evidence relating to the central issue in this complaint of whether the complainant was sexually harassed, for instance, is based on what Ms. Lampi told others prior to her death. Other evidence sought to be introduced by both the Commission and the respondents also appears to be either hearsay, similar fact evidence, or evidence relating to issues which are collateral to the material issues.

5The Tribunal finds it appropriate to receive the parties’ submissions on the admissibility of this evidence, at the outset of the hearing. The Tribunal therefore directs the parties to provide submissions on the admissibility of the evidence of each of the following witnesses:

• Linda Lennard

• Karrie Galerno

• Kelly Woodman

• Barb Kyle

• Jan Holmes-Obertas

• Catherine Park

• Kathi Melo

• Lucia Bilotta

• Doreen Malcolmson

• Joan Akester

• Sue-Ann Hill

• Lydia Sapia

• Jule McDonald

• Keith George

• Cheryl Hitchcock

• Teresa Angelini

• Ray Martin

• Andy Kawa

• Graham Shockness

• Dora Denardis

6Where it is not evident from the witness statements, the parties should be prepared to identify the source of knowledge for the evidence of each witness set out above.

7The Tribunal will also hear the parties’ submissions on the request by the Commission to receive the evidence of Lucia Bilotta, Jan Homes-Obertas and Barb Kyle by telephone.