HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Ines Caldeira
Applicant
-and-
2068006 Ontario Ltd. o/a ALCO Building Management,
Angela Athanassiou and Gonzalo Martinez
Respondents
interim DECISION
Adjudicator: Michelle Flaherty
Indexed as: Caldeira v. 2068006 Ontario ________________________________________________________________
1The Application was filed pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). The applicant alleges discrimination on the basis of sex in the context of employment. The applicant also alleges reprisal or threat of reprisal.
2The applicant states that she was sexually harassed by a co-worker. She alleges that respondents terminated her employment at least in part because it feared she would take action against the corporate respondent regarding the harassment she had endured.
3The respondents filed a Response in which they deny the allegations and seek the early dismissal of the Application because another proceeding (before the Employment Insurance Board of Referees (the "EIBR")) has appropriately dealt with the matter. The respondents have provided the Tribunal with a copy of the EIBR decision.
4The applicant has not filed a Reply or otherwise responded to the respondent's request for early dismissal. The time for doing so has elapsed.
5Section 45.1 of the Code provides:
The Tribunal may dismiss an application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the Application.
6Section 43(2) of the Code provides that the Tribunal shall not finally dispose of an application without affording the parties a chance to make oral submissions.
7Within ten days of the date of this Decision, the applicant will advise the Registrar (and the respondent) in writing whether she would like an opportunity to make oral submissions on the issue of whether the Application should be dismissed pursuant to section 45.1 of the Code.
8If the applicant indicates that she wishes to make oral submissions, the Registrar will schedule an oral hearing by way of telephone conference to address the following issue:
Should the Application against the respondents be dismissed pursuant to section 45.1 of the Code as a result of the EIBR proceeding?
9If, at the hearing, any of the parties wish to rely on case law or other supporting material (not already filed with the Tribunal), they are directed to deliver this material to each other and to the Tribunal by no later than two weeks before the date scheduled for the conference call.
10If the applicant does not communicate with the Registrar in response to this Interim Decision or if she indicates that she does not wish to make oral submissions, the Tribunal will determine the s. 45.1 issue based on the materials already filed by the parties.
[11] I am not seized of this matter.
Dated at Toronto, this 6th day of April, 2010.
"Signed by"
__________________________________
Michelle Flaherty
Vice-chair