Amindra Wanigasekera v. Hydro One Brampton Networks Inc., 2010 HRTO 1166

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Amindra Wanigasekera

Applicant

-and-

Hydro One Brampton Networks Inc.

Respondent

INTERIM DECISION

Adjudicator: David Muir

Date: May 25, 2010

Citation: 2010 HRTO 1166

Indexed as: Wanigasekera v. Hydro One Brampton Networks

1This Application was filed on June 26, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant alleges discrimination in employment on the basis of race, ancestry, place of origin, ethnic origin, colour and age.

2This Interim Decision deals with several Requests for Order During Proceeding (Request) filed by the parties. The applicant initially sought the production of documents and the addition of an individual respondent.

3The respondents have also filed a Request seeking a number of orders as follows:

a. An Order removing the personal respondents from the Application;

b. An Order deleting the applicant’s counsel’s handwritten note that purports to add an individual respondent;

c. An Order striking improper references in the Application to events at mediation;

d. An Order dismissing portions of the allegations in the Application on the basis that they are untimely;

e. An Order striking amendments made to the revised complaint that do not form part of the original complaint;

f. An Order striking certain allegations on the basis that they are bald assertions, without required particulars.

4The applicant has consented to the first three elements of the respondents’ Request above. Accordingly the individual respondents are removed from the Application and the style of cause is amended accordingly. In addition, no new respondents are added. The practical remedies in respect of any references to prior mediations may be addressed at the hearing of this matter. In the meantime the documents containing such references will be sealed.

5The applicant has requested that the issues with respect to the timeliness as well as the scope of the Application be dealt with orally. The respondent concurs. The hearing is scheduled to begin on July 5, 2010. The parties should attend prepared to make whatever further oral submissions they wish to on these issues. As the production issues are inextricably linked to the scope of the Application, those issues will also be dealt with at that time.

6As it appears likely that this hearing will take more than one day to complete, the parties should also be prepared to engage in a case management discussion at that time.

7I am not seized.