Nancy Beaver v. Dr. Hans Epp Dentistry Professional Corporation and Dr. Hans Epp, 2008 HRTO 81

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nancy Beaver

Applicant

-and-

Dr. Hans Epp Dentistry Professional Corporation and Dr. Hans Epp

Respondents

INTERIM DECISION

Adjudicator: David A. Wright

Date: September 17, 2008

Citation: 2008 HRTO 81

Indexed as: Beaver v. Dr. Hans Epp Dentistry Professional Corporation

Human Rights Tribunal of Ontario 655 Bay Street, 14^th Floor Toronto ON M7A 2A3 Phone (416) 326-1312 / 1-866-598-0322 / Fax (416) 326-2199 / Toll Free 1-866-355-6099 TTY (416) 314-2379 / 1-800-424-1168 E-mail hrto.registrar@ontario.ca Website http://www.hrto.ca

Reasons for Decision

1In an interim decision in this matter, Beaver v. Dr. Hans Epp Dentistry Professional Corporation, 2008 HRTO 54, the Tribunal sought submissions from the applicant on whether the application was barred by virtue of s. 34(11) and/or s. 53(8) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The Tribunal’s order indicated that, following receipt of the applicant’s submissions, the Tribunal would determine whether it required submissions from the respondent on the jurisdictional issues, and whether it would seek submissions from the Ontario Human Rights Commission (the “Commission”) regarding the s. 53(8) issue. Having reviewed the applicant’s submissions, I have determined that it is appropriate to request submissions from the respondent and certain information from the Commission.

2The Tribunal makes the following order:

a. By October 8, 2008 the respondents shall deliver to the applicant and the Commission, and file with the Tribunal, submissions on the two jurisdictional issues identified in the previous interim decision.

b. Under Rule 1.7(p) of the Tribunal’s Rules of Procedure, authorizing the Tribunal to require any person to produce information in order to provide for the fair, just and expeditious resolution of any matter before it, the Tribunal directs the Commission to file and deliver to the parties, by October 8, 2008, a statement of facts in relation to the complaint filed by the applicant. This should include information about the date when the complaint was filed with the Commission, communications between the applicant and the Commission, communications between the respondents and the Commission and any other facts related to the processing of the complaint by the Commission and its closure and/or withdrawal.

c. The applicant shall have until October 17, 2008 to deliver and file a reply to the submissions of the respondent and information from the Commission, if any.

d. The Registrar shall send the respondent and the Commission a copy of the application and all correspondence between the Tribunal and the applicant along with this decision.

e. The respondent is not required to file a response to the application until directed by the Tribunal.