Tatiana Ovtchinnikova v. Para Med Home Health Care, 2012 HRTO 277

Human Rights Tribunal of Ontario

B E T W E E N:

Tatiana Ovtchinnikova Applicant

-and-

Para Med Home Health Care Respondent

INTERIM DECISION

Adjudicator: Naomi Overend Date: February 8, 2012 Citation: 2012 HRTO 277 Indexed as: Ovtchinnikova v. Para Med Home Health Care

1The applicant filed this Application on September 3, 2010 alleging discrimination in employment on the basis of place of origin, contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). Subsequent to filing its Response, the respondent has filed a Request for Order During Proceedings ("Request") asking the Tribunal to order the applicant to provide particulars.

2The applicant has filed no Response to the Request or otherwise indicated that the Request is inappropriate. I am in agreement with the respondent that the applicant has failed to provide adequate particulars of her allegations of discrimination, in that many of the allegations have no names or dates attached to them, and some key information is missing with respect to the content of conversations.

3Accordingly, I order that the applicant provide, to the best of her ability, answers to the following questions with respect to her allegations in section 8 of her Application:

• For allegation 1., the name of the manager involved, the date of the incident and the context in which this conversation took place.
• For allegation 2, the dates and times when she called her agency and the person she spoke with. With respect to the meetings, the dates of the meetings she had with her manager and the name of this manager.
• For allegation 3, the names of the clients transferred from her to other support workers and the dates on which this took place. In addition, the names of the coordinators and the dates of those conversations, as well as the names of the clients who have expressed surprise.
• For allegation 4, the name of the client, the date of the visit, the name of the "Ukrainian coordinator," and any other information concerning the contents of this conversation that the applicant can remember.
• For allegation 5, the name of the client, the name of the coordinator, the dates when the applicant received the call from the coordinator and when the investigation was requested, and what, if any, activity took place with respect to the investigation.
• For allegation 6, the dates on which she called the agency unless this information is the same as allegation 2. In addition, the name of the manager, when this call (or calls) took place and what the response was from the manager.

4The Request refers to an allegation (vii), but the Tribunal's file does not include a seventh allegation, and so I am declining to make any such order concerning the request found at paragraph 6 (i) of the respondent's Request. The respondent has also asked the applicant to explain why such conduct is discriminatory, but on the face of the allegations it would appear that the applicant is suggesting that these are the alleged facts from which discrimination might be inferred. As such, I decline to order that she provide answers to that question. Whatever information the applicant can add over and above the particulars ordered would, however, be useful.

5The respondents asked that the applicant be required to provide this information by February 10, 2012, but that date is no longer feasible. The applicant must deliver to the Tribunal and the respondent her answers to the above questions by February 23, 2011. If the applicant has not done so by this date, the Tribunal may dismiss her Application as abandoned.

6I am not seized of this matter.