Thomas Lauriault v. UTi Canada Inc., 2009 HRTO 1966

Human Rights Tribunal of Ontario

BETWEEN:

Thomas Lauriault

Applicant

-and-

UTi Canada Inc.

Respondent

INTERIM DECISION

Adjudicator: Brian Eyolfson Date: November 19, 2009 Citation: 2009 HRTO 1966 Indexed as: Lauriault v. UTi Canada

1This is an Application filed on June 19, 2009 under s. 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"), alleging discrimination on the grounds of disability and age in employment. The applicant included a copy of a signed release with his Application. The respondent filed a Request for Early Dismissal – Without Full Response (the "Request"), indicating that the applicant signed a full and final release with respect to the same matter.

2By letter dated September 3, 2009, the Tribunal wrote to the applicant noting the Request and inviting the applicant to make submissions on the issue, on Form 11. On September 8, 2009, the applicant made submissions indicating, among other things, that he signed the release "under extreme personal duress." However, due to an oversight, it appears that the submissions did not reach the appropriate person at the Tribunal. Consequently, on October 21, 2009, the Tribunal directed the applicant to deliver and file submissions explaining why, in his view, he is entitled to pursue the Application given the signed release. The applicant was also directed to advise whether he wished the Tribunal to hear oral submissions on this issue, which is his right pursuant to s. 43(2) of the Code, of if he wished this matter decided based upon written submissions.

3On October 22, 2009, the applicant confirmed with the Tribunal that he had filed submissions on Form 11 and, on October 23, 2009, followed up with an email to the respondent and the Tribunal providing further submissions and indicating that he was interested in providing oral argument.

4In the circumstances, the Registrar will schedule a teleconference to hear submissions on the issue of whether the Tribunal should dismiss the Application as a result of the applicant having signed a release.

5The following directions shall apply to the conference call:

(a) The applicant should be prepared to proceed first, by responding to the respondent's written argument with regard to the signed release.

(b) If either party wishes to rely on any written materials (including written submissions, documents or case law) or facts not contained in the Application, Response or Form 11, they must deliver such additional material to the other party and file it with the Registrar no later than two weeks before the date of the conference call.

6I am not seized of this matter.