HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Sandra Wagman
Applicant
-and-
VPI Burlington and Martha Colangelo
Respondents
Interim DECISION
Adjudicator: Michelle Flaherty
Indexed as: Wagman v. VPI Burlington
1The applicant filed an Application on April 21, 2010 under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"), alleging discrimination on the basis of disability and record of offences in employment.
2In an earlier Interim Decision, 2011 HRTO 447, the Tribunal directed the parties to file written submissions regarding whether the Application is outside the Tribunal's jurisdiction (power to decide) because it was filed more than one year after the last incident of discrimination. The parties were directed to file submissions according to the following schedule:
a. Within two weeks of March 2, 2011, the applicant would file with the Tribunal and provide to the respondents any documents, including medical documents, she feels support her position on the delay issue;
b. Within four weeks of March 2, 2011, the respondents would file with the Tribunal and provide to the applicant written submissions; and
c. Within five weeks of March 2, 2011, the applicant would reply to the respondents' submissions by filing written submissions with the Tribunal and providing them to the respondents.
3The applicant did not file any documents in support of her position within the timeframe set out in the Interim Decision.
4The respondents filed written submissions on March 20, 2011. They argue that the Application ought to be dismissed as untimely. They state that the applicant was able to assert rights before the Workplace Safety and Insurance Board and that the delay in filing the Application was not in good faith, within the meaning of section 34 of the Code. They also argue that they would be prejudiced by the delay.
5On May 4, 2011, the applicant requested an extension of time to June 5, 2011 in which to respond to the respondents' submissions. She states that the extension will allow her to obtain legal assistance. On May 4, 2011, the applicant also filed medical documents with the Tribunal and provided a copy of these to the respondents.
6The respondents have not responded to the applicant's request for an extension of time.
ORDER
7The applicant's request for an extension of time is granted. By no later than June 5, 2011, the applicant must file with the Tribunal and provide to the respondents her written submissions regarding the jurisdictional issue.
8The applicant did not comply with the timeframe set out in the Interim Decision in regards to the filing of medical documents. As a result, the respondents did not have the applicant's medical documentation when they prepared their submissions.
9The respondents need not take any further steps at this stage of the proceedings. Once the applicant has filed her submissions, the Tribunal may provide further direction to the parties. If appropriate, the respondents may be afforded an opportunity to address the medical documents filed by the applicant.
10In sum, by no later than June 5, 2011, the applicant must provide written submissions regarding the Tribunal's jurisdiction. These submissions must be filed with the Tribunal and provided to the respondents.
11I am not seized of this matter.
Dated in Toronto, this 27th day of May, 2011
"signed by"_______________
Michelle Flaherty
Vice-chair