Ross McPherson v. Sears Canada Inc., 2009 HRTO 1872

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ross McPherson

Applicant

-and-

Sears Canada Inc.

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: November 4, 2009

Citation: 2009 HRTO 1872

Indexed as: McPherson v. Sears Canada

1This is an Application filed September 30, 2008, under section 53(3) of Part VI of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Case Resolution Conference (hearing) in this matter is scheduled for November 18 and 19, 2009. This Interim Decision addresses the subject matter of the Application.

2The complaint which underlies the current Application was filed with the Ontario Human Rights Commission on February 8, 2008. In this complaint, the applicant alleged that he was being discriminated against because of his age when the respondent changed its post-retirement benefits policy.

3In his statement of additional facts, the applicant has relied upon events following the filing of the original complaint. The transitional provisions of the Code provide that the subject matter of the Application must relate to the original complaint. Accordingly, these post-complaint events do not form the subject matter of the present Application.

4Nothing in this Interim Decision affects the applicant’s ability to file a fresh application with the Tribunal pursuant to s. 34(1) of the Code, provided the other requirements of that section have been met.