Linda McCrea v. Loblaw Companies Limited, Richard Camara and O’Neil Brown, 2009 HRTO 421

1This is an Application filed August 20, 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 in this matter is scheduled for April 17, 2009. The respondents have made a request for early dismissal or an adjournment on the basis of the applicant’s alleged failure to provide particulars.

2In Interim Decision 2009 HRTO 17, the applicant was directed to provide full particulars of the allegations made in her complaint, including the dates, times and nature of the alleged harassment and denials of accommodation by February 7, 2009. The respondents assert that the applicant’s statement of additional facts merely repeats the allegations set out in the original complaint and does not provide the required particulars. The respondents have asked that the Application to be dismissed because of non-compliance with the Tribunal’s order. In the alternative, they seek an adjournment until the applicant complies.

3In my view, the determination of whether the applicant has failed to comply with the Tribunal’s Interim Decision and the consequence of such failure is best addressed by the Member at the Case Resolution Conference. The Request for early dismissal or an adjournment is denied at this stage.