McKay v. Home Depot of Canada Inc., 2010 HRTO 440

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Patti McKay

Applicant

-and-

Home Depot of Canada Inc.

Respondent

INTERIM DECISION

Adjudicator: Faisal Bhabha

Date: February 25, 2010

Citation: 2010 HRTO 440

Indexed as: McKay v. Home Depot of Canada

1The applicant filed an Application on November 5, 2009, under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment on the basis of age.

2The respondent filed a partial Response on February 3, 2010, requesting that the Application be dismissed without a full Response on the basis that the applicant has signed a full and final release with respect to the matter raised in the Application. The respondent included a copy of the release with its submissions. It is appropriate to determine the issue of the release as a preliminary matter.

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 teleconference to consider whether the Application should be dismissed as a result of the release signed by the applicant dated April 8, 2009.

4If the parties consent, this issue may be decided on the basis of written submissions. The respondent has already filed written submissions in support of its request. The parties must advise the Registrar within five days of this Interim Decision whether they consent to having the issue decided in writing. If the parties do not agree to conduct the hearing in writing, the oral hearing will proceed by way of teleconference.

5The applicant shall deliver and file written submissions or any material she wishes to rely on within 20 days of the date of this Interim Decision. The respondent may, if it wishes, deliver and file a reply to the applicant’s materials within 25 days of the date of this Interim Decision.

6The respondent is not required to file a full Response at this time.

7I am not seized.