HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Heather Leclerc Applicant
-and-
Community Living Huntsville Respondent
-and-
Ontario Public Service Employees Union Intervenor
INTERIM DECISION
Adjudicator: Alan Whyte Date: October 26, 2009 Citation: 2009 HRTO 1771 Indexed as: Leclerc v. Community Living Huntsville
1This Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code") alleges discrimination in employment, housing, goods, services and facilities and membership in a vocational association on the basis of family status, age, record of offences, association with a person identified by a Code ground, and reprisal or threat of reprisal. In her Reply, the applicant raises disability as a ground for discrimination as well.
2In a previous Interim Decision, 2009 HRTO 848, the Tribunal made various directions and ordered that a one day hearing is to be scheduled to determine certain preliminary issues.
3This Interim Decision will address two Requests for Order during Proceedings (RFOPs) that had been filed by the parties since the first Interim Decision and will require further information be filed before the hearing which has been scheduled for December 1, 2009.
4The applicant filed a RFOP dated July 21, 2009 which seeks to amend her Application by adding disability as a ground of discrimination. No response to the RFOP has been filed by the respondent.
5The respondent filed a RFOP seeking an order permitting the filing of an amended Response, in order to clarify its position and to respond to the additional ground of discrimination of disability. No response to the RFOP has been filed by the applicant.
6Both RFOPs are allowed. The ground of disability is added to the Application, and the Response is amended in terms of the document attached as Schedule A to the RFOP filed by the respondent dated August 5, 2009.
7One of the issues to be dealt with at the hearing is whether the Application should be deferred pending the completion of the grievance/arbitration process. It is unclear from the materials filed by the parties what the exact status of the applicant's grievances is. The Tribunal directs that both the respondent and the intervenor advise the Tribunal in writing (with a copy to the applicant) by November 20, 2009 as to the status of all grievances filed by the applicant that are relevant to the issues in this case.
8One of the issues that the Interim Decision directed be dealt with at the hearing was whether the Application should be amended, if such amendment was to be sought by the applicant. That issue has now been disposed of by way of this Interim Decision, and need not be dealt with at the hearing.
Dated at Toronto this 26th day of October, 2009.
"Signed By"
Alan Whyte Vice-chair
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