Kamal Parma v. Stoney Creek Lifecare, Extendicare (Canada) Inc., Stephanie Zajczenko-Opdam and Laura Sampel, 2009 HRTO 1197

Human Rights Tribunal of Ontario

B E T W E E N:

Kamal Parma

Applicant

-and-

Stoney Creek Lifecare, Extendicare (Canada) Inc., Stephanie Zajczenko-Opdam and Laura Sampel

Respondents

INTERIM DECISION

Adjudicator: Faisal Bhabha

Date: August 4, 2009

Citation: 2009 HRTO 1197

Indexed as: Parma v. Stoney Creek Lifecare

1The applicant filed an Application on March 25, 2009 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination in employment on the basis of race, colour, ancestry, place of origin and ethnic origin.

2The respondent, represented by Ernst & Young Inc. acting as the court-appointed interim receiver and trustee in bankruptcy of the consolidated estates in bankruptcy of the Royal Crest Lifecare Group Inc. (which includes Stoney Creek Lifecare), filed a partial Response on June 17, 2009. It appears the other corporate respondent and both personal respondents have not filed Responses.

3In its partial Response, the interim receiver asks for an early dismissal of the Application on the basis that the applicant has signed a full and final release in respect of the subject matter of the Application. It is appropriate to determine the issue of the release as a preliminary matter.

4Section 43(2) of the Code provides that the Tribunal shall not finally dispose of an Application without affording the parties an opportunity to make oral submissions. Accordingly, the Registrar will schedule a two-hour teleconference to consider whether the Application should be dismissed as a result of the release signed by the applicant dated April 8, 2009. If the parties consent, this issue may be decided on the basis of written submissions. The parties must advise the Registrar of their consent as soon as possible.

5The Registrar shall forward copies of the interim receiver's Response to the other respondents. None of the respondents is required to file a full Response at this time. All of the respondents are entitled to make submissions at the preliminary hearing.

6If any of the respondents wishes to rely on any material not already delivered to the other parties and filed with the Tribunal, they must deliver and file their documents within 10 days of the date of this Interim Decision.

7The applicant shall deliver and file any further material she wishes to rely on at the preliminary hearing within 20 days of the date of this Interim Decision.

8The respondents may, if they wish, deliver and file a reply to the applicant's materials within 25 days of the date of this Interim Decision.

9I am not seized.