Robert Munn v. Crocs Canada Inc., 2009 HRTO 1113

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Robert Munn

Applicant

-and-

Crocs Canada Inc.

Respondent

INTERIM DECISION

Adjudicator: David A. Wright

Date: July 22, 2009

Citation: 2009 HRTO 1113

Indexed as: Munn v. Crocs Canada

1This Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleges that the respondents discriminated against the applicant on the basis of age 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 respondents from any claims under the Code as part of a settlement he entered into with the respondent following the termination of his employment. The respondents have provided written submissions in support of their request and a copy of a Full and Final Release signed by the applicant on November 17, 2008 (“the Release”).

3The applicant filed a Response to the Request for Early Dismissal. He acknowledges that he signed a Full and Final Release with respect to the subject-matter of the Application but submits that he did so under duress, although he had legal advice. He 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.

5If either party intends to call any witnesses or rely upon any documents not included in the Tribunal’s file, it shall deliver such materials to the other party and file them with the Tribunal no later than 14 days before the scheduled hearing.

6I am not seized of this matter.