Adam Hinchcliffe v. Sun Chemical Limited, 2010 HRTO 345

Human Rights Tribunal of Ontario

Between:

Adam Hinchcliffe Applicant

-and-

Sun Chemical Limited Respondent

Interim Decision

Adjudicator: Alan Whyte Date: February 16, 2010 Citation: 2010 HRTO 345 Indexed as: Hinchcliffe v. Sun Chemical

Interim Decision

1This is an Application filed under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code") which alleges discrimination in employment on the grounds of disability. In the narrative supporting the Application, the applicant refers to events commencing on June 22, 2009 up to August, 2009.

2The respondent filed a Response (without a full response to the Application on its merits) and made submissions directed to the dismissal of the Application on the basis that the applicant signed a full and final release. Specifically, the respondent relies on a release signed by the applicant on June 18, 2009. That release releases the respondent from all claims, past, present or future, arising out of or in any way relating to or connected with the applicant's hiring, his employment or the termination of his employment with the respondent. The release also makes specific reference to a release of all claims under the Code and contains an acknowledgment that the filing of a complaint under the Code would constitute bad faith.

3The applicant filed a Form 11 as directed by the Registrar, in which he submits that his Application relies on events which postdate the date of the release and that therefore the release does not serve as a bar to his Application.

4The Tribunal is not able to determine the respondent's request for dismissal of the Application without receiving further submissions from the parties. The Registrar will schedule a teleconference hearing for that purpose. If the parties have any further submissions or caselaw they wish to rely on at that hearing they must provide a copy to the registrar and the other party no later than two weeks before the date of the teleconference hearing.

5I am not seized.