Parminderjit Singh v. Affinia Canada ULC, Allan Miller and Anil Mohan, 2011 HRTO 54

Human Rights Tribunal of Ontario

B E T W E E N:

Parminderjit Singh

Applicant

-and-

Affinia Canada ULC, Allan Miller and Anil Mohan

Respondents

Interim Decision

Adjudicator: Keith Brennenstuhl Date: January 7, 2011 Citation: 2011 HRTO 54 Indexed as: Singh v. Affina Canada

1This is an Application filed by the applicant on August 10, 2010 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code").

2Pursuant to section 45.1 of the Code the respondents have requested that the Application be dismissed on a preliminary basis because the substance of the Application was, in whole or in part, appropriately dealt with by other proceedings, namely, a civil court action before the Ontario Superior Court of Justice.

3In addition the respondents seeks early dismissal of this Application on the basis that the applicant fully and finally released the respondents from, among other things, any claims under the Code.

4The respondents further seek that the Application be dismissed because of an alleged lack of timeliness.

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.

Rule 22 of the Tribunal's Rules of Procedure provides:

22.1 The Tribunal may dismiss part or all of the Application where it determines, under section 45.1 of the Code, that another proceeding has appropriately dealt with the substance of part or all of an Application.

22.2 The parties will have the opportunity to make oral submissions before the Tribunal dismisses an Application under Rule 22.1.

6Accordingly, the parties are entitled to an opportunity to make oral submissions before the Tribunal regarding the respondents' requests to dismiss on the basis of s.45.1 and the effect of the release. The Registrar is directed to schedule the hearing to determine these preliminary issues as well as the issue of delay.

7At the hearing, the parties should be prepared to address submissions and, if necessary, provide evidence on the following issues:

(i) Should the Tribunal dismiss the Application pursuant to section 45.1 because the substance of the Application has been appropriately dealt with by the above mentioned civil action?

(ii) Should the Tribunal dismiss the Application because the applicant fully and finally released the respondents from any claims under the Code?

(iii) Is the Application made within one year after the last discriminatory incident as required by section 34(1) of the Code? If not, was the delay incurred in good faith and is there any substantial prejudice to any person affected by the Application if the Tribunal exercises its discretion to accept the Application pursuant to section 34(2) of the Code?

8If the parties wish to rely on any supporting material for the purposes of the hearing of these preliminary issues, including submissions, facts or case law not already on file with the Tribunal, the parties are directed to deliver this material to each other, and to the Tribunal, by no later than 14 days before the date scheduled for the hearing.

9Pursuant to Rule 1.7 (g), the Tribunal may determine and direct the order in which issues will be considered and determined at the hearing.

10I am not seized.