Human Rights Tribunal of Ontario
B E T W E E N:
Daniel Noronha Applicant
-and-
1174364 Ontario Limited, Scher & DeAngelis Professional Corporation, Hugh Scher, and Manuel Ferreira Respondents
INTERIM DECISION
Adjudicator: Michael Gottheil Date: April 9, 2009 Citation: 2009 HRTO 425 Indexed as: Noronha v. 1174364 Ontario Limited
1This is an Application filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code") alleging reprisal contrary to section 8.
2The applicant is the representative and spouse of an applicant in a separate, section 53(3) Application before the Tribunal, in which 1174364 Ontario Limited and Manuel Ferreira are respondents (the "s.53(3) Application"). Hugh Scher is counsel for the respondents in the s.53(3) Application, and Scher & DeAngelis Professional Corporation is Mr. Scher's law firm.
3The applicant in this Application, alleges that he suffered reprisal under the Code because the respondents in the s.53(3) Application made a Request for an Order before the Tribunal, to have him removed as representative.
4Section 8 of the Code provides:
Every person has a right to claim and enforce his or her rights under this Act, to institute and participate in proceedings under this Act and to refuse to infringe a right of another person under this Act, without reprisal or threat of reprisal for so doing.
5It is not clear that section 8 applies to circumstances where, as here, a party seeks to challenge the right of an individual to act as a representative before the Tribunal. The present circumstances raise the questions as to whether being a representative of a party falls within the scope of "participate in a proceeding", and if so, whether a privilege attaches to a request to the Tribunal challenging the right or ability of an individual to act as representative.
6The Tribunal will seek submissions from the parties on the ability of the Tribunal to deal with the claim made in this Application. No later than April 27, 2009, the applicant shall deliver to the respondents, and file with the Tribunal, submissions, along with legal argument, supporting his position that the claim properly falls within the Tribunal's jurisdiction. No later than May 15, 2009, the respondents shall deliver to the applicant, and file with the Tribunal response submissions, along with legal argument, and shall include submissions on whether there is a privilege attaching to the bringing of a Request to remove a representative. The applicant shall deliver to the respondent, and file with the Tribunal any Reply, including Reply to the privilege issue, no later than May 29, 2009.
7The Tribunal proposes to deal with this issue as a preliminary matter, and to do so in writing. Should the parties feel that an oral hearing is necessary, they should so indicate, along with reasons, when filing their submissions.
Dated at Toronto, this 9th day of April, 2009.
"Signed By"
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Michael Gottheil Chair