HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Daniel Morris
Applicant
-and-
Bemac Autobody Ltd. (Capital Collision Centre)
Respondent
interim DECISION
Adjudicator: Faisal Bhabha
Indexed as: Morris v. Bemac Autobody
1This Application under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleges that the respondent discriminated against the applicant on the basis of disability. The applicant alleges that his employment was terminated due to his medical absences from work. The respondent denies the allegation, but has not fully responded to the Application.
2The respondent seeks the early dismissal of the Application without a complete Response on the basis that the applicant fully and finally released the respondent from any claims in relation to his employment with the respondent, including claims under the Code. The respondent has provided written submissions in support of its request and a copy of a Full and Final Release purported to be signed by the applicant.
3The applicant acknowledges that he signed the Release. However, he contends that due to limited literacy, which he alleges the respondent was aware of, he did not fully understand what he was signing, believed he had no choice, and did not have time to seek advice.
4It is appropriate for the Tribunal to determine as a preliminary matter whether to dismiss the Application on the basis of the Release signed by the applicant. Section 43(2) of the Code provides that the Tribunal shall not finally dispose of an application within its jurisdiction without affording the parties a chance to make oral submissions.
5Accordingly, the Registrar will schedule a half-day hearing to consider whether the Application should be dismissed on the basis of the Release. The parties are entitled to bring witnesses with relevant evidence to the hearing. The parties should have regard to the Tribunal’s Rules of Procedure regarding the requirements for pre-hearing disclosure of documents and witnesses relating to the Release issue only.
6The Tribunal’s Rules of Procedure are available on the Tribunal’s website, www.hrto.ca.
Dated at Toronto, this 21st day of April, 2010.
“Signed by”
_____________________________________
Faisal Bhabha
Vice-chair