Flora Perricone v. Fabco Plastics Wholesale (Ontario) Ltd., 2009 HRTO 1384

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Flora Perricone

Applicant

-and-

Fabco Plastics Wholesale (Ontario) Ltd., Cathy Tadres and Claus Dieners

Respondents

INTERIM DECISION

Adjudicator: Ena Chadha

Date: September 1, 2009

Citation: 2009 HRTO 1384

Indexed as: Perricone v. Fabco Plastics Wholesale

1The applicant filed an Application with the Tribunal on March 24, 2009 alleging discrimination in employment on the basis of disability and sex contrary to the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended, (“Code”).

2The respondents filed a Response (without full response) on June 10, 2009. In their Response, the respondents request early dismissal of the Application on the basis that the applicant signed a full and final release with respect to the matters raised in the Application. The respondents allege that the applicant has fully and finally released the respondents from any claims under the Code as part of a settlement she entered into with the respondent following the termination of her employment. The respondents provided written submissions in support of their request and supplied a copy of a Full and Final Release signed by the applicant on May 23, 2008 (“the Release”).

3The applicant filed a Reply dated August 24, 2009. The applicant acknowledges that she signed the Release; however, she submits that she did not obtain legal advice before signing it and that she signed under emotional and economic duress. The applicant argues the Tribunal ought to allow the Application to proceed in these circumstances.

4It is appropriate for the Tribunal to determine the request for early dismissal as a preliminary matter. 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 any party intends to rely upon documentary material, legal authorities or submissions not included in the Tribunal’s file, it shall deliver such materials to the other parties and file them with the Tribunal no later than 14 days before the scheduled hearing. If any party intends to call witnesses regarding these issues, it shall deliver to the other parties and file with the Tribunal a letter setting out the name of the witness and a summary of the witness’s intended evidence by the same deadline.

6I am not seized of this matter.