Cheatle v. Linamar Corporation, 2008 HRTO 401

Human Rights Tribunal of Ontario

B E T W E E N:

John Cheatle

Applicant

-and-

Linamar Corporation, Linda Hasenfratz, Michael Annable,

Adrian Murphy and Shaun Scott

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: December 16, 2008

Citation: 2008 HRTO 401

Indexed as: Cheatle v. Linamar Corporation

1This is an Application filed November 4, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"). The Tribunal scheduled mediation for February 4, 2009. The Respondents filed a Response on December 11, 2008.

2The respondents indicate that the applicant is barred from filing this Application on the basis that he resigned from his employment with the corporate respondent and, in exchange for a negotiated separation package, executed a full and final release in favour of the respondents.

3The expectation is that most section 53(3) applications will be scheduled for mediation prior to the hearing and determination of preliminary matters. However, the Tribunal retains the discretion to control its process and will hear preliminary requests prior to the mediation in appropriate circumstances. Rule 4.1 provides that the Tribunal may exercise any of its powers under these Rules on its own initiative. Rule 4.3(d) provides that the Tribunal may determine and direct the order in which issues in a proceeding will be considered and determined.

4As a result, the Tribunal determines that it is appropriate to receive submissions with respect to whether, in the circumstances, this Application is barred by virtue of a settlement entered into between the applicant and the respondents.

5The Tribunal makes the following Orders:

a. The mediation scheduled for February 4, 2009 is cancelled;

b. Within 20 days of the date of this decision, the applicant shall deliver to the respondents and file with the Tribunal written submissions, including any documents or case law upon which he intends to rely, on whether this Application is barred by virtue of the settlement and release dated February 28, 2005;

c. Within 20 days of receipt of the applicant's submissions, the respondents shall deliver to the applicant and file with the Tribunal a response to the applicant's submissions, including any documents or case law upon which they intend to rely;

d. Within 10 days of receipt of the respondents' submissions, the applicant may deliver and file a reply.

6The parties are directed to advise the Tribunal, within 10 days of the date of this decision, of their availability for a 3 hour Case Resolution Conference to hear oral submissions on the above issues during the weeks beginning February 22 or 29 at either 9.30 to 12.30 or 1.30 to 4.30. If the parties do not indicate their availability within 10 days, the Tribunal will schedule the case resolution conference without further consultation with the parties.

7I am not seized of this matter.