Human Rights Tribunal of Ontario
B E T W E E N:
Lisa Ann Kerry Applicant
-and-
City of Ottawa and Ottawa-Carleton Public Employees’ Union CUPE Local 503 Respondents
RECONSIDERATION DECISION
Adjudicator: Sherry Liang Date: September 20, 2010 Citation: 2010 HRTO 1896 Indexed as: Kerry v. Ottawa (City)
1By Decision dated September 2, 2010, the Tribunal dismissed the Application on the basis that the applicant had failed to provide written submissions in response to a Request to dismiss.
2The applicant, through her alternative contact person, has asked the Tribunal to reconsider the Decision, indicating that she filed written submissions before the deadline for doing so.
3On review of the material in this file, it appears that the applicant did submit a Form 11 Response to Request for Order, on August 27, 2010. By administrative oversight, this material was not before this Vice-chair at the time of the September 2, 2010 Decision. In the circumstances, it is appropriate to reconsider the Decision and it is accordingly revoked.
4Having regard to the material before me, I direct a one-day in-person hearing to receive the evidence and submissions of the parties on the requests for early dismissal made by the respondents.
5The parties should be prepared to address the following issues:
- Whether the Application has been brought within a year of the last incident of alleged discrimination or the last incident in a series;
- If it has not, whether the delay in filing the Application was incurred in good faith and substantial prejudice will result to any person affected by the delay;
- Whether the Application should be dismissed because it would be an abuse of process for the matter to proceed in light of the settlement signed by the applicant on June 25, 2008;
- Whether issue estoppel or res judicata apply to all or part of the Application;
- Whether the Tribunal should dismiss all or part of the Application because another proceeding has appropriately dealt with the substance of the Application.
6The following directions will apply to this hearing:
- Within one month of this Interim Decision, the applicant is directed to provide any additional facts or documents that she will rely on with respect to her assertion that she signed the Minutes of Settlement under duress, and any of the issues identified above;
- At the same time, the applicant must provide any additional facts or documents that she will rely on with respect to the four areas of discrimination alleged against the City of Ottawa (the City) and the three areas of discrimination alleged against Ottawa-Carleton Public Employees Union CUPE Local 503 (the “Union”), as found in the last paragraph in Question #8 of her Application; in any event she must identify the dates of any of the events, and particulars of any action or inaction by any individual that is alleged to be discriminatory;
- Within one month of receipt of the applicant’s submission, the respondents are directed to provide any additional facts or documents that they will rely on with respect to the issues to be heard at this stage.
7The material above must be provided to the other parties at the same time they are filed with the Tribunal.
8The Tribunal may issue further Case Assessment Directions after receipt of the above.
9I am not seized of the matter.
Dated at Toronto, this 20th day of September, 2010.
”signed by”______________
Sherry Liang Vice-chair