Jean Wong v. G.H. Imported Merchandise & Sales Limited c.o.b. as Ash City, 2008 HRTO 343

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jean Wong

Applicant

-and-

G.H. Imported Merchandise & Sales Limited c.o.b. as Ash City

Respondent

INTERIM decision

Adjudicator: Sherry Liang

Date: December 2, 2008

Citation: 2008 HRTO 343

Indexed as: Wong v. G.H. Imported Merchandise & Sales

1The applicant filed an Application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”) on September 17, 2008.

2As described in the Tribunal’s previous interim decision in this matter of November 18, 2008 (2008 HRTO 277), in the Application, the applicant refers to having filed a lawsuit seeking to recover severance pay. In a separate letter to the Tribunal, the applicant indicates that the court action is no longer ongoing.

3The respondent requested early dismissal of the Application on the grounds that a claim based on the same facts has been filed in civil court, requesting a remedy based on the alleged human rights violation. The respondent provided a copy of a Statement of Claim dated December 7, 2007, and states that it has no knowledge that the civil litigation is no longer continuing.

4In response to the Tribunal’s interim decision, the applicant states, through counsel, that she is “withdrawing and deleting” certain paragraphs of her Statement of Claim. Counsel indicates that those are the only paragraphs in the claim that deal in any way with a human rights violation. As a result, it is said, the remaining paragraphs of her claim now pertain only to her claim for severance pay, and do not allege any human rights violations or discrimination whatsoever.

5In the circumstances, the Tribunal directs the respondent to indicate, by no later than Tuesday, December 9, 2008, whether it still seeks early dismissal of this Application. If it does, it must also at the same time file submissions in support of its position. If the respondent indicates that it no longer requests early dismissal on the basis described, it must file a full Response within 20 days of this decision.