Maraj v. Erin Mills Mitsubishi, 2012 HRTO 1315

Human Rights Tribunal of Ontario

Between:

Aruna Maraj Applicant

-and-

Erin Mills Mitsubishi, Nauman Bangash and Andrew Chung Respondents

Interim Decision

Adjudicator: Douglas Sanderson Date: July 3, 2012 Citation: 2012 HRTO 1315 Indexed as: Maraj v. Erin Mills Mitsubishi

1This is an Application filed on July 15, 2011 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the "Code").

2On August 12, 2011, the Tribunal issued a Notice of Intent to Dismiss, as it appeared that the Application was filed more than one year after the last incident of discrimination described in it. The last event of alleged discrimination is the applicant's dismissal from employment on June 28, 2010. The Tribunal directed the applicant to file submissions explaining the delay,

3In Interim Decision, 2011 HRTO 1689, the Tribunal found that based on the information provided by the applicant it could not dismiss the Application at that preliminary stage because it was not plain and obvious that the delay in filing the Application was not incurred in good faith. The Tribunal noted, however, that the decision regarding delay was not final. The Tribunal indicated that if the respondents take the position that the Tribunal should not accept the Application because of delay, then further submissions or evidence may be required on the issues of whether the delay was incurred in good faith and whether substantial prejudice will result to any person affected by the delay.

4The respondents filed a Response in which they submit that the Application should be dismissed for delay because the applicant's explanation is inadequate and the respondents will suffer prejudice.

5In the circumstances, the most fair, just and expeditious process is for the Tribunal to schedule a ½ day preliminary hearing to deal with the issue of delay. The applicant shall make her submissions first.

6A Notice of Preliminary Hearing will follow from the Registrar's Office. The parties shall deliver to each other and file with the Tribunal copies of any documents or cases they intend to rely upon no later than 14 days prior to the teleconference.

[6]

7I am not seized of this matter.