Catherine Monteiro v. Inspec-Sol Inc., Sanja Mahta, Renato Pasqualoni and Karl Roechner, 2009 HRTO 1950

Human Rights Tribunal of Ontario

B E T W E E N:

Catherine Monteiro

Applicant

-and-

Inspec-Sol Inc., Sanja Mahta, Renato Pasqualoni and Karl Roechner

Respondents

INTERIM DECISION

Adjudicator: Naomi Overend

Date: November 17, 2009

Citation: 2009 HRTO 1950

Indexed as: Monteiro v. Inspec-Sol

1The applicant filed this Application on May 12, 2009, under s. 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination in employment on the basis of race, disability, family status and age. She attached a copy of a full and final release (the "release") signed by her on April 9, 2009, but noted in the text of her Application that she had signed it under "duress."

2The corporate respondent seeks early dismissal of this Application on the basis that the applicant fully and finally released the respondents from, among other things, any claims under the Code. This was part of a settlement the applicant entered into following termination of her employment. The applicant received additional monies in consideration for her executing the release, which was explained to her in her letter of termination dated April 6, 2009.

3In her Reply, the applicant addressed the respondents' request for early dismissal. She states that her Application should not be dismissed on this basis because she was unable to speak to her supervisor, "Renato" (one of the named respondents) about the reason for her termination prior to executing the release. Moreover, the letter of termination and the release were "not clear" on the Code, and, more generally, she did not understand the release.

4It is appropriate for the Tribunal to determine as a preliminary matter whether to dismiss the Application on the basis of the release signed by the applicant. Section 43(2) of the Code provides that the Tribunal shall not finally dispose of an application within its jurisdiction without affording the parties the opportunity to make oral submissions. Accordingly, the Registrar will schedule a half-day hearing to consider whether the Application should be dismissed on the basis of the release.

5This hearing will proceed by way of teleconference unless the parties advise that an in-person hearing is required. The parties should make any request for an in-person hearing to the Tribunal by November 30, 2009.

6If a party intends to call any witnesses or rely upon any documents 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.

7I am not seized of this matter.