Glynn v. Lowe’s Companies Canada, 2009 HRTO 1180

Human Rights Tribunal of Ontario

Between:

Teresa Glynn Applicant

-and-

Lowe’s Companies Canada, ULC, Manulife Financial Group Disability Claims, Ben Mondillo, Catherine Townsand, Don Stallings, John Mihalic, Michael Obnowlenny, Catherine Nash, Derek Coburn, Jamie Cooper, Laura Kramer and Alan Huggins Respondents

Interim Decision

Adjudicator: Michelle Flaherty Date: July 30, 2009 Citation: 2009 HRTO 1180 Indexed as: Glynn v. Lowe’s Companies Canada

1The applicant filed an application under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"), on May 27, 2009. A copy of the Application was sent to the respondents on June 16, 2009.

2In the Application, the applicant alleges discrimination in the context of employment based on disability, sex, and sexual orientation. She also alleges reprisal or threat of reprisal. The Application includes a 19 page document, which outlines the allegations in chart form and includes the names of the individuals allegedly involved and the dates the incidents allegedly occurred.

3On July 9, 2009, Lowe’s Companies Canada, ULC and the personal respondents filed a Request for an Order during Proceedings ("Request"). In the Request, these respondents seek further particulars, an extension of time to file the Response, and an order striking certain sections of the Application which, they argue, are not within the Tribunal’s jurisdiction as they do not relate to any of the grounds protected in the Code.

4The applicant did not respond to the Request.

5As a matter of course, the Tribunal requires respondents to file complete responses prior to making any preliminary objections, including those relating to jurisdiction. The limited exceptions to this general rule are outlined in Rule 8.2 and summarized as follows in Masood v. Bruce Power, 2008 HRTO 381, at para. 8:

The Tribunal’s response form permits a request for early dismissal without a full response in only three circumstances: where the respondent alleges that a claim for relief based upon the same facts was filed in civil court, that a complaint was filed with the Ontario Human Rights Commission based upon the same, or substantially the same facts, or that a full and final release was signed. In all other circumstances, respondents must file a full response, even where a preliminary or jurisdictional issue is being raised.

6The Tribunal in Masood created an additional fourth category of cases in which a full Response may not be necessary, namely when the respondent alleges that the matter falls under federal jurisdiction. The preliminary issues raised in the present Request do not fall into any of the four categories identified in Masood.

7As the Tribunal indicated in Grant v. Bombardier, 2009 HRTO 267, the filing of a complete response is an integral part of the Tribunal’s process. It allows the parties to better understand the nature of the issues and assists the Tribunal in determining how best to proceed with the Application with a view to facilitating its fair, just and expeditious resolution, including making preliminary determinations.

8Absent exceptional circumstances, which are not present in this case, a request for particulars or production of documents will not delay the filing of a complete response. Here, the allegations are sufficiently detailed and, in my view, the respondents are in a position to meaningfully respond to the Application. Of course, the respondents may reserve the right to respond to any new information that comes to light through the disclosure process. It also remains open to the respondents to raise jurisdictional issues in the Response or to file a Request for an Order during Proceedings after filing the Response.

9The respondents are directed to file a complete Response within 20 days of this Interim Decision. Not later than 14 days after receipt of the Response, the applicant may file a Reply, if she wishes. The Reply should deal only with new matters raised in the Response.

10I am not seized of this matter.