Human Rights Tribunal of Ontario
B E T W E E N:
Russell Sears
Applicant
-and-
Honda of Canada Mfg., a division of Honda Canada Inc. and Jim Proper
Respondents
INTERIM DECISION
Adjudicator: Sherry Liang
Indexed as: Sears v. Honda of Canada Mfg.
1This is an Application filed April 21, 2011 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").
2The Application refers to a number of incidents occurring between 2001 and November 2010. The respondent objected to the timeliness of a number of the allegations, and the Tribunal requested the parties' submissions on whether they were untimely and whether the applicant can seek a remedy for them.
3In the applicant's submissions, he agrees that Items #3 - #9 of the narrative in his Application are untimely allegations of discrimination. He states that he does not seek a monetary remedy with respect to those events, but that they show a pattern of harassment and demonstrate what he did to try and solve the issues.
4Having regard to the applicant's submissions, the Tribunal find it unnecessary to order the respondent to respond to Items #3-#9 at this stage. From the applicant's submission, it appears that he wishes to refer to those events as background evidence to support his claim of discrimination arising out of the events in August and November 2010. Any determination as to the relevance and admissibility of this background evidence will be left to the Vice-chair at the hearing.
5The parties will be filing summaries of the intended evidence of their witnesses and if the respondent plans to call evidence to contradict the facts set out in Items #3-#9, it shall describe that evidence in those summaries.
6As the parties were unable to find a mutually agreeable date and time for a re-scheduled mediation, the Tribunal will schedule a one-day hearing in this matter.
7I am not seized of this matter.
Dated at Toronto this 14th day of December, 2011.
"Signed by"
Sherry Liang
Vice-chair