Judith Zarubiak v. Brain Injury Services of Hamilton, 2010 HRTO 212

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Judith Zarubiak

Applicant

-and-

Brain Injury Services of Hamilton,

Jan Narduzzi and Laurie Graham

Respondents

interiM DECISION

Adjudicator: Alison Renton

Date: January 28, 2010

Citation: 2010 HRTO 212

Indexed as: Zarubiak v. Brain Injury Services of Hamilton

1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c.H.19, as amended (the “Code”), on September 15, 2009, alleging discrimination in employment on the basis of family status and marital status. The applicant states that she was dismissed from her employment on September 3, 2009.

2The respondents filed a Response on January 4, 2010, asking for an early dismissal of the Application on the basis that the applicant has signed a full and final release in respect of the subject matter of the Application. The applicant filed a Response to a Request for Order responding to the respondent’s request for an early dismissal of the Application.

3Section 43(2) of the Code provides that the Tribunal shall not finally dispose of an Application without affording the parties an opportunity to make oral submissions. Accordingly, the Registrar will schedule a one-hour conference call hearing to consider whether the Application should be dismissed as a result of the release signed by the applicant dated September 10, 2009.

4If either party wishes to rely on any additional written materials (including written submissions, documents or case law) or facts not already before the Tribunal, they must deliver such additional material to the other party and file it with the Registrar within 21 days of the date of this Interim Decision. The Tribunal’s decisions are found at www.CanLII.org. Following the conference call hearing, the Tribunal will determine whether there is a basis to proceed with the Application, and may make further directions.

5I am not seized of this matter.