Piette v. Girones, 2009 HRTO 825

Human Rights Tribunal of Ontario

B E T W E E N:

Robert Piette Applicant

-and-

Girones Lawyers and Lorenzo Girones Respondents

Interim decision

Adjudicator: Michelle Flaherty Date: June 11, 2009 Citation: 2009 HRTO 825 Indexed as: Piette v. Girones

1The applicant filed an Application with the Tribunal on March 5, 2009, pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant alleges that he was discriminated against on the basis of disability in the context of a contract. He also alleges reprisal or threat of reprisal.

2The respondents filed a Response and the applicant filed a Reply.

3The respondents have also filed a Request for an Order during Proceedings (“Request”) asking that the Application be dismissed because it relates to incidents which occurred outside the one year period for filing applications under the s. 34 of the Code. The respondents also argue that the applicant has not presented any factual foundation for the allegations of discrimination.

4The Registrar will schedule an oral hearing by way of telephone conference call. The purpose of this call is to hear submissions from the parties on the respondents’ Request. Specifically, the parties’ submissions should address:

a. pursuant to s. 34(1) of the Code, was the Application filed within one year after the incidents to which the Application relates?

b. if not, should the Tribunal exercise its discretion to accept the Application under s. 34(2) of the Code because the delay was incurred in good faith and no substantial prejudice will result to any person affected by the delay?

5The applicant’s submissions should also address how the allegations contained in the Application relate to a breach of the Code.

6If, at the hearing, any of the parties wish to rely on case law or other supporting material (not already filed with the Tribunal), they are directed to deliver this material to each other and to the Tribunal, by no later than two weeks before the date scheduled for the conference call.