Julie Demarce v. S & R Nursing Homes Ltd., o/a Heron Terrace Long Term Care Community, 2010 HRTO 464

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Julie Demarce

Applicant

-and-

S & R Nursing Homes Ltd., o/a Heron Terrace Long Term Care Community

Respondent

INTERIM DECISION

Adjudicator: Faisal Bhabha

Date: March 2, 2010

Citation: 2010 HRTO 464

Indexed as: Demarce v. S & R Nursing Homes

1The applicant filed an Application on August 19, 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 disability.

2The respondent filed a partial Response on December 22, 2009 requesting 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 pursuant to section 34(11), and that the subject matter of the Application has been appropriately dealt with in another proceeding pursuant to section 45.1. It is appropriate to determine these issues as a preliminary matter.

3Section 43(2) of the Code provides that the Tribunal shall not finally dispose of an Application within its jurisdiction without affording the parties an opportunity to make oral submissions. Accordingly, it is necessary to schedule a hearing to consider whether the Application should be dismissed on the basis of section 34(11) or section 45.1. If the parties consent, this issue may be decided on the basis of written submissions.

4If the parties wish to proceed by way of written submissions only, they must advise the Tribunal within 10 days of this Interim Decision, failing which the Registrar shall schedule the matter for a half-day hearing. The hearing will be scheduled to be held by teleconference unless either party advises the Tribunal within 10 days of this Interim Decision that an in-person hearing is preferred.

5The respondent is not required to file a full Response at this time. It must deliver and file any additional written submissions or material it wishes to rely on at the preliminary hearing within 10 days of this Interim Decision.

6The applicant shall deliver and file any further material she wishes to rely on at the preliminary hearing within 20 days of the date of this Interim Decision.

7The 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.

8The union has been named as an affected party and shall be served with notice of the preliminary hearing. It will be permitted to make submissions at the hearing, whether in writing or orally, but is not invited to express a preference for the form of hearing. Any material the union wishes to rely on at the preliminary hearing is due within 15 days of this Interim Decision.