Human Rights Tribunal of Ontario
B E T W E E N:
Carole Bard Applicant
-and-
Heenan Blaikie LLP and Jennifer O’Leary Respondents
INTERIM DECISION
Adjudicator: Michelle Flaherty Date: June 8, 2010 Citation: 2010 HRTO 1303 Indexed as: Bard v. Heenan Blaikie
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”) in which she alleges discrimination on the basis of disability and age in the context of employment. In essence, the applicant takes issue with the termination of her employment.
2The respondents ask for early dismissal of this Application because they say the applicant signed a full and final release with respect to the subject matter of the Application. The respondents also argue that it would be an abuse of process to allow the Application to proceed.
3The applicant has filed a Response to the Request for dismissal of the Application. She acknowledges signing a release, but says that she had no choice but to do so given her financial situation. She argues that she signed the release under stress and duress and that the Tribunal should proceed with the matter notwithstanding the release.
4In the circumstances, it is appropriate to determine the respondents’ request for an early dismissal of the Application as a preliminary matter.
5Section 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.
6Accordingly, within ten days of the date of this Interim Decision, the applicant must advise the Registrar and the respondents whether she wishes to make oral submissions on the issue of dismissal. If the applicant wishes to make oral submissions, the Registrar will schedule a telephone conference hearing for that purpose.
7The following directions shall apply to the hearing:
(a) The applicant should be prepared to proceed first at the hearing, by responding to the written arguments of the respondents and the following questions:
i. Should the Application be dismissed as a result of the settlement agreement and the release signed by the applicant?
ii. Should the Application be dismissed because it would be an abuse of process to allow it to proceed?
b. Any party wishing to rely on written materials not already filed with the Tribunal or any facts not contained in the Application or Response must deliver such documents or information to the other parties and file them with the Registrar 21 prior to the date of the hearing.
c. If the applicant indicates that she does not wish make oral submissions or if she does not communicate with the Tribunal within ten days of the date of this Interim Decision, the Tribunal may determine the issue based on the materials already filed.
8I am not seized of this matter.
Dated at Toronto, this 8th day of June, 2010.
“Signed By”
__________________________________
Michelle Flaherty Vice-chair