HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jolanta Chyc

Applicant

-and-

Newmar Window Manufacturing Inc.

Respondent

INTERIM DECISION

Adjudicator: Ken Bhattacharjee

Date: March 18, 2011

Citation: 2011 HRTO 551

Indexed as: Chyc v. Newmar Window Manufacturing

WRITTEN SUBMISSIONS

Newmar Window Manufacturing Inc., ) Carita Pereira, Counsel

Respondent )

Jolanta Chyc, Applicant ) Self-represented

[1] The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), which alleged that the respondent discriminated against her with respect to employment because of her disability.

[2] The Tribunal has scheduled four days to hear this Application. The first two hearing days occurred on October 18 and 19, 2010. Two further hearing days are scheduled for March 28 and 29, 2011.

[3] The applicant completed presenting her evidence on October 19, 2010. The respondent is scheduled to commence presenting its evidence on March 28, 2011.

[4] Pursuant to a Request for an Order During Proceedings, which was filed by the respondent, and a Case Assessment Direction, which was issued by the Tribunal, after the first two hearing days, the parties provided written submissions on whether the Tribunal should dismiss the Application on the basis that the applicant failed to establish a prima facie case of discrimination.

[5] In my view, the applicant established a prima facie case of discrimination with respect to the allegations of discipline and lay off/termination of employment. The remainder of her allegations are dismissed. The Tribunal will provide full written reasons in its final Decision.

[6] Accordingly, the Tribunal directs the parties to limit their evidence and submissions to the above two issues on March 28 and 29, 2011.

Dated at Toronto, this 18^th day of March, 2011.

“Signed by”

Ken Bhattacharjee

Vice-chair