Duggan v. Villa Care Centre Nursing Home, 2010 HRTO 586

Human Rights Tribunal of Ontario

B E T W E E N:

Marie Duggan

Applicant

-and-

Villa Care Centre Nursing Home, Edith Robitaille and Christina Bath

Respondents

INTERIM DECISION

Adjudicator: Faisal Bhabha

Date: March 17, 2010

Citation: 2010 HRTO 586

Indexed as: Duggan v. Villa Care Centre Nursing Home

1The applicant filed an Application on October 28, 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 ancestry and ethnic origin.

2The respondents filed a Request for Order During Proceedings (Form 10) on February 10, 2010 requesting that the Application be dismissed without a full Response on the basis that the Application was filed out of time and therefore is beyond the Tribunal's jurisdiction. It is appropriate to determine the issue of delay as a preliminary matter.

3The Registrar will schedule a two-hour teleconference to consider the parties' submissions on the following question:

Has the applicant brought this Application within one year after the last discriminatory incident, pursuant to section 34(1)? If not, should the Tribunal exercise its discretion to accept the Application, pursuant to section 34(2)?

4The Tribunal's discretion under section 34(2) to waive the limitation period requires the applicant to demonstrate that any delay was incurred in good faith and that no substantial prejudice will be caused to any person.

5If the parties consent, the hearing may be conducted on the basis of written submissions alone. The respondents have already filed written submissions in support of their request. The parties must advise the Registrar within ten 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.

6The 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 respondents may, if they wish, deliver and file a reply to the applicant's materials within 25 days of the date of this Interim Decision.

7The respondents are not required to file a full Response at this time.