Sharras v. Rouge Valley Health System, 2008 HRTO 384

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Yvonne Sharras Applicant

-and-

Rouge Valley Health System, Sheri Bredewold and Canadian Union of Public Employees, Local 4365 Respondents

INTERIM DECISION

Adjudicator: David A. Wright Date: December 10, 2008 Citation: 2008 HRTO 384 Indexed as: Sharras v. Rouge Valley Health System

1In a previous interim decision in this matter, Sharras v. Rouge Valley Health System, 2008 HRTO 222, the Tribunal directed the parties, by November 12, 2008, to identify any other preliminary or jurisdictional issues they wish to raise in addition to those identified by the Tribunal in its previous decisions. It also directed that, at least two weeks prior to the date of the hearing, the parties should identify any witnesses they wish to call on the preliminary and jurisdictional issues and provide a brief summary of their expected evidence by letter to the Registrar, copied to the other parties. The respondents identified various issues they wished to have considered on a preliminary basis. The hearing is scheduled for December 19, 2008. No party filed a summary of expected evidence by the required date, December 5, 2008.

2At the hearing, the parties should be prepared to address the following issues:

• Whether the Tribunal has jurisdiction over the Application, in light of the communications between the applicant and the Ontario Human Rights Commission;
• Whether the Application should be dismissed as untimely;
• Whether the Tribunal should dismiss the Application, in whole or in part, pursuant to s. 45.1 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”), as a result of previous grievance proceedings; and
• Whether the Tribunal should dismiss the Application, in whole or in part, pursuant to s. 45.1 of the Code, as a result of previous proceedings at the Ontario Labour Relations Board (the “OLRB”).

3The respondents are directed to immediately deliver and file with the Tribunal all documents relating to the grievance and the OLRB proceedings, including the pleadings and decisions in the OLRB matters. Argument shall be based upon the written materials previously filed.