Human Rights Tribunal of Ontario
B E T W E E N:
Peri Maher
Applicant
-and-
The Scarborough Hospital, Jean Irvine, Joann Braithwaite and Susan Evans
Respondents
INTERIM DECISION
Adjudicator: Kaye Joachim
Date: November 5, 2009
Citation: 2009 HRTO 1878
Indexed as: Maher v. Scarborough Hospital
[1] This is an Application filed September 4, 2008 under section 53(3) of the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”). The Case Resolution Conference in this matter is scheduled for January 28 and 29, 2010.
[2] The respondents filed a Request for Order during Proceedings seeking to restrict the remedies sought by the applicant, or in the alternative, seeking further particulars and production relating to the remedies requested and/or a bifurcation of the hearing. The applicant did not file a Response.
[3] Generally, the Tribunal has not restricted applicants to the remedy originally identified in the complaint to the Ontario Human Rights Commission. The Tribunal Rules contemplate an opportunity for applicant to refine their requests for remedies at the Tribunal. The applicant has sought $20,000 in general damages. No further particulars are required to explain this remedy. The applicant has sought $20,000 in special damages. The applicant is directed to set out the basis for this claim for damages, including the details of any mitigation efforts, and subsequent employment. The applicant is directed to produce the documents related to any mitigation efforts and her income from all sources (with supporting documents for the years in which she seeks special damages for loss of income. The applicant shall have 30 days to comply with this Interim Decision.
[4] The request for bifurcation and the consequence if the applicant fails to follow this direction will be dealt with by the Member hearing this matter.
[5] The respondents shall have 15 days after receipt of the applicant’s particulars and production to file a statement of additional response to remedy.
Dated at Toronto, this 5th day of November, 2009.
“Signed by”
_________________________________________
Kaye Joachim
Alternate Chair