HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Samantha Aiken
Applicant
-and-
Aramark Canada Inc., Sodexo Canada Ltd., and Caitlin Adliff
Respondents
interim DECISION
Adjudicator: Michelle Flaherty
Indexed as: Aiken v. Aramark Canada
1The applicant filed an Application with the Tribunal under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination in employment because of race, colour, ancestry, ethnic origin, disability, sex, and age.
2The applicant was employed as a hostess in the Maple Leaf Lounge at the Ottawa International Airport. In essence, the applicant alleges that the respondents failed to accommodate disabilities she sustained following a workplace injury. She also alleges that her age, colour, ancestry and ethnic origin were factors in the respondents’ decision to assign her heavier, more physical work.
3Aramark Canada Inc. (“Aramark”) was the applicant’s employer from approximately December 7, 2007 to August 3, 2010, at which time Aramark ceased to manage the Maple Leaf Lounge. Sodexo Canada Ltd (“Sodexo”) became the applicant’s employer when it assumed management of the Maple Leaf Lounge on August 9, 2010. At all material times, the respondent, Caitlin Adliff, was a manager in the Maple Leaf Lounge. She was employed first by Aramark and then by Sodexo.
4All of the above respondents have filed Responses in which deny the allegations of discrimination.
5The applicant has also named Dr. Christopher Raynor as a respondent. Dr. Raynor is a physician specializing in orthopaedic surgery and sports medicine. At the request of the Workplace Safety Insurance Board, Dr. Raynor evaluated the applicant following her workplace injury.
6The Application contains the following allegations in regards to Dr. Raynor:
a. The applicant was dissatisfied with his assessment and concerned that she had not been assessed properly; and
b. Dr. Raynor was biased against the applicant and her family because he cared for the applicant’s brother’s knee, and had used or disclosed information about her brother’s injury to further his own son’s football prospects.
7Dr. Raynor has filed a Response in which he denies the allegations of discrimination and seeks the early dismissal of the Application because:
a. The Application is outside the Tribunal’s jurisdiction (power to decide) because it does not identify acts of alleged discrimination by Dr. Raynor;
b. Although the Application identifies the social area of employment, there is no employment relationship between the applicant and Dr. Raynor; and
c. The applicant takes issue with the content of Dr. Raynor’s medical assessment, which is protected by the doctrine of expert witness immunity.
8The applicant has not filed a Reply and the time for doing so under the Tribunal’s Rules of Procedure has elapsed.
9The purpose of this Interim Decision is to deal with Dr. Raynor’s preliminary objections to the Application.
DECISION
10The Tribunal’s powers to decide are set out in the Code. The Tribunal does not have a general power to decide whether a respondent has treated the applicant fairly or appropriately. The Tribunal’s powers relate only to alleged discrimination and violations of the Code.
11While the applicant has stated that she feels Dr. Raynor treated her unfairly, she has not explained how this treatment could form the basis of a finding of discrimination. In particular, she has not alleged that any bias or inadequate assessment was based on any Code-related ground. She does not argue that Dr. Raynor’s alleged bias or inadequate assessment relate her race, colour, ancestry, ethnic origin, disability, sex or age.
12The Application does not raise allegations against Dr. Raynor that are within the Tribunal’s power to decide. For this reason, the Application is dismissed against Dr. Christopher Raynor. The style of cause has been amended accordingly.
13The Application will proceed against the other respondents.
14I am not seized of this matter.
Dated at Toronto, this 13^th^ day of July, 2011.
”signed by”____________
Michelle Flaherty
Vice-chair