Dianne Walker v. Dr. Michael Gossack Professional Corporation, 2010 HRTO 1444

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Dianne Walker

Applicant

-and-

Dr. Michael Gossack Professional Corporation, Michael Gossack and Lynne O’Connor

Respondents

INTERIM DECISION

Adjudicator: Michelle Flaherty Date: June 30, 2010 Citation: 2010 HRTO 1444 Indexed as: Walker v. Dr. Michael Gossack Professional Corporation

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 in the context of employment.

2In essence, the applicant states that her disability was a factor in the respondents’ decision to terminate her employment. She also alleges that she was bullied and harassed by the individual respondent Lynne O’Connor.

3The respondents filed a Response in which they request the early dismissal of they Application because they say the applicant has signed a full and final release with respect to the same subject-matter.

4The applicant filed a Reply in which she alleges that there was some kind of miscommunication between her and her counsel and that she never intended that the executed release be provided to the respondents. She also states that the release is not valid and that she was not aware of the content of the documents she did sign.

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5Section 43(2)1 of the Code provides that, where an application is within the Tribunal’s jurisdiction, the Tribunal must provide parties with an opportunity to make oral submissions before making a final determination.

6In the circumstances, the Registrar will schedule a hearing by telephone conference call to address the respondents’ Request for the early dismissal of the Application on the basis of a release.

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

b. any party wishing to rely on written materials not already filed with the Tribunal or any facts not contained in the Application, Response or Reply must deliver such documents or information to the other party and file them with the Registrar within 21 days of the date of this Interim Decision.

8I am not seized of this matter.