Elizabeth Carlos v. Scher Law Professional Corporation Barristers and Solicitors, 1174364 Ontario Ltd., Hugh Scher and Manuel Ferreira, 2009 HRTO 1674

Human Rights Tribunal of Ontario

B E T W E E N:

Elizabeth Carlos

Applicant

-and-

Scher Law Professional Corporation Barristers and Solicitors, 1174364 Ontario Ltd., Hugh Scher and Manuel Ferreira

Respondents

INTERIM DECISION

Adjudicator: David A. Wright

Date: October 14, 2009

Citation: 2009 HRTO 1674

Indexed as: Carlos v. Scher Law

1The applicant in this Application, filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, seeks to file this Application which alleges reprisal without filling out a supplemental form or identifying a social area of discrimination in section 6 of the Application form.

2In Romanchook v. Garda Ontario, 2008 HRTO 127, relied upon by the applicant, the Tribunal stated as follows, at paras. 6-8:

The Tribunal’s forms and Rules of Procedure ensure that applications and responses provide complete information so that each application can be resolved in a fair, just and expeditious manner. Questions on the forms are included to give other parties full information about the allegations and defences, and to allow the Tribunal to make necessary decisions during the application process. The Tribunal’s concern about the absence of a supplemental form and an answer under s. 6 is not merely technical, but stems from the absence of important information. The Tribunal’s supplemental forms are generally applicable to reprisals, and indeed, each has a section asking questions specific to reprisal applications in that social area.

Mr. Potomski is correct that s. 8 of the Code does not specifically include a requirement that there be “discrimination” in a social area for a reprisal to have occurred. He is also correct that the Tribunal’s forms and question 6 refer to “discrimination”.

In the unique circumstances of these cases, given the nature of the reprisal allegations and the substantive information provided in the narrative, the Tribunal will not require section 6 or a supplemental form to be completed. The supplemental forms, however, do request certain information that is relevant to these applications that is not included in the substantive information that the applicants have completed. The relevant questions are as follows:

Complete this section only if you complained to someone in authority about the alleged discrimination.

C4 To whom did you complain?

C5 Was there an investigation?

a) If you answered “Yes” to C5, what was the outcome of the investigation?

Answers to these questions shall be provided to the Tribunal by October 14, 2008.

3In the circumstances of this case, a similar approach to that in Romanchook is appropriate. The applicant shall answer questions C4 and C5 by October 22, 2009, and her Application shall then be considered complete.

4I am not seized.