Mary Traversy v. Holtom’s Bakery Ltd., 2010 HRTO 1985

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mary Traversy

Applicant

-and-

Holtom’s Bakery Ltd., and Kristopher Holtom

Respondents

INTERIM DECISION

Adjudicator: Ena Chadha

Date: September 28, 2010

Citation: 2010 HRTO 1985

Indexed as: Traversy v. Holtom’s Bakery

1This is an Application filed on May 3, 2010 under Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the “Code”). The Application is filed on behalf of the applicant by her father. The Application alleges that the respondents subjected Mary Traversy to reprisal by terminating her employment because she exercised her right to complain about gender discrimination.

2On August 6, 2010, the respondents filed their Response requesting that the Application be dismissed because the respondents believed that the subject-matter of the Application is the same or substantially the same as a previous complaint filed with the Ontario Human Rights Commission (“OHRC”). The respondents base their request on the fact that parts of the Application appear to be duplicated from another document setting out the claim.

3On September 21, 2010, the applicant filed a Response to the respondents’ request to dismiss. The applicant submits that there is no basis for the respondents’ request. The applicant states unequivocally there has never been any OHRC complaint naming these respondents or any other parties.

DECISION

4There is no information or evidence before the Tribunal upon which it can find that there was a previous OHRC complaint that entails the same or substantially the same subject-matter as the current Application. The respondents appear to have misapprehended the content of the Application. As such, the respondents’ request to dismiss is refused.

5In light of this decision, the respondents must now file a fully completed Form 2 Response addressing the applicant’s allegations. The respondents are directed to file a full and complete Form 2 Response within 21 days of this Interim Decision.

6I am not seized of this matter.