Ronald Virgin v. Brian Dollar, 2009 HRTO 416

Human Rights Tribunal of Ontario

B E T W E E N:

Ronald Virgin Applicant

-and-

Brian Dollar Respondent

INTERIM DECISION

Adjudicator: Alan Whyte Date: April 9, 2009 Citation: 2009 HRTO 416 Indexed as: Virgin v. Dollar

1This is an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) which alleges discrimination in employment on the basis of disability, and specifically that the respondent failed to accommodate the applicant.

2The respondent takes the position that the applicant filed a grievance which also alleged a failure to accommodate by the respondent (and by a company of which the respondent in this Application is a director) which was settled by Minutes of Settlement dated December 23, 2008. The respondent filed a copy of the Minutes of Settlement which advert to the company's inability to accommodate the applicant pursuant to human rights legislation, contain a comprehensive release (which refers specifically to the applicant's release of the company's directors) and contain the applicant’s agreement to not commence any other legal proceedings against the company and/or its employees related to the issue dealt with in the Minutes of Settlement. The respondent submits that this Application should be dismissed pursuant to section 45.1 of the Code.

3Section 45.1 of the Code provides as follows:

The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the application.

4Rule 22 of the Tribunal’s Rules of Procedure reads as follows:

22.1 The Tribunal may dismiss part or all of the Application where it determines, under section 45.1 of the Code, that another proceeding has appropriately dealt with the substance of part or all of an Application.

22.2 The parties will have the opportunity to make oral submissions before the Tribunal dismisses an Application under Rule 22.1.

5In his Reply, the applicant suggested that he was under extreme stress emotionally and financially when he signed the Minutes of Settlement. However, he did not provide any further particulars with respect to that allegation.

6The Tribunal requires further information from the parties in order to properly decide the issue raised by the respondent under section 45.1 of the Code. A teleconference will therefore be scheduled by the Registrar to address that issue and to receive submissions from the parties.

7If the parties wish to provide any further documents or case law to the Tribunal for use on the teleconference, they are directed to deliver such documents and case law to the other and to file such documents and case law with the Tribunal, by no later than 14 days prior to the date of the teleconference.

8The applicant may wish to review the Tribunal’s Rules and Guide to its processes, available on the Tribunal’s website at www.hrto.ca, before preparing the material for the teleconference.

9I am not seized of this matter.