Lydia Spanoudis v. Loblaw Companies Limited, 2009 HRTO 1088

Human Rights Tribunal of Ontario

B E T W E E N:

Lydia Spanoudis

Applicant

-and-

Loblaw Companies Limited

Respondent

INTERIM DECISION

Adjudicator: Sheri D. Price

Date: July 21, 2009

Citation: 2009 HRTO 1088

Indexed as: Spanoudis v. Loblaws Companies

1This Application, filed under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (“the Code”), alleges that the respondent discriminated against the applicant on the basis of disability and sex in respect of employment.

2The respondent has sought the early dismissal of the Application on the basis that the applicant fully and finally released the respondent from any claims under the Code as part of a settlement she entered into with the respondent following the termination of her employment on June 2, 2008. The respondent has provided written submissions in support of its request and a copy of a Full and Final Release signed by the applicant on June 2, 2008 (“the Release”).

3The applicant filed a Response to the Request for Early Dismissal. She acknowledges that she signed a Full and Final Release with respect to the subject-matter of the Application but submits that she did so under duress and without the benefit of legal advice. She submits the Tribunal ought to allow the Application to proceed in these circumstances.

4It is appropriate for the Tribunal to determine as a preliminary matter whether to dismiss the Application on the basis of the Release signed by the applicant. Section 43(2) of the Code provides that the Tribunal shall not finally dispose of an application within its jurisdiction without affording the parties a chance to make oral submissions. Accordingly, the Registrar will schedule a one day hearing to consider whether the Application should be dismissed on the basis of the Release.

5The respondent may deliver and file a reply to the applicant’s submissions, if it chooses to do so, within 14 days of the date of this Interim Decision. The parties should also have regard to the Tribunal’s Rules of Procedure regarding the disclosure of documents and witnesses (if applicable) prior to the hearing. These Rules may be found in the Tribunal’s Rules of Procedure, available on our website, www.hrto.ca.

6I am not seized of this matter.