Clive Stephens v. Western Plastics Inc., 2009 HRTO 1268

Human Rights Tribunal of Ontario

B E T W E E N:

Clive Stephens

Applicant

-and-

Western Plastics Inc.

Respondents

INTERIM DECISION

Adjudicator: Judith Keene

Date: August 17, 2009

Citation: 2009 HRTO 1268

Indexed as: Stephens v. Western Plastics Inc.

1The applicant filed an Application on March 5, 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 filed a partial Response on June 2, 2009. The respondent 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.

3Section 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 January 19, 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.

4If the respondent 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.

5The applicant shall deliver and file any further material he wishes to rely on at the preliminary hearing within 20 days of the date of this Interim Decision.

6The 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.

7I am not seized.