Estelle Rivard v. George Brown College et al., 2009 HRTO 649

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Estelle Rivard

Applicant

-and-

George Brown College, John Walker, Cynthia McDonagh and Ontario Public Service Employees Union

Respondents

INTERIM DECISION

Adjudicator: Sheri D. Price

Date: May 15, 2009

Citation: 2009 HRTO 649

Indexed as: Rivard v. George Brown College

1This Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleges that the respondents discriminated against the applicant on the basis of disability in respect of employment.

2The respondents have all sought the early dismissal of the Application without full Responses on the basis that the applicant fully and finally released the respondents from any claims under the Code as part of the settlement of a grievance in respect of the same facts as the Application. The respondents have provided written submissions in support of their request and a copy of a Full and Final Release purporting to be signed by the applicant on August 25, 2008 (“the Release”).

3It 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 a chance 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.

4The respondents have already provided their written submissions on the Release issue. The applicant is hereby directed to deliver to the respondents and file with the Tribunal her Response to the respondents’ written submissions within 14 days of the date of this Interim Decision. The respondents may deliver and file a Reply to the applicant’s submissions, if they choose to do so, within 14 days of receipt of the applicant’s submissions. The parties should also have regard to the Tribunal’s Rules of Procedure regarding the disclosure of documents and witnesses (if applicable) prior to the hearing.

5I am not seized of this matter.