Michele Smith v. Canadian Red Cross Society, 2013 HRTO 1041

Human Rights Tribunal of Ontario

B E T W E E N:

Michele Smith Applicant

-and-

Canadian Red Cross Society Respondent

INTERIM DECISION

Adjudicator: Dawn J. Kershaw Date: June 11, 2013 Citation: 2013 HRTO 1041 Indexed as: Smith v. Canadian Red Cross Society

APPEARANCES

Michele Smith, Applicant Stanley G. Mayes, Counsel

Canadian Red Cross Society, Respondent Mary Kokosis, Counsel

Introduction

1This Interim Decision addresses a Request for an Order during Proceeding (RFOP) brought by the respondent for various relief, all of which was agreed to by the parties without any order being required, with the exception of the respondent’s request that the applicant undergo an Independent Medical Examination (“IME”) by a psychiatrist selected by the respondent.

BACKGROUND

2This Application was commenced by the applicant on August 26, 2011 made under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 (the “Code”).

3The parties convened by way of a case management hearing on May 22, 2013 and again on May 27, 2013 to make submissions with respect to the RFOP.

DISCUSSION AND ANALYSIS

4After discussion, the parties agreed that an IME would not be ordered at this stage.

5They also agreed that a bifurcated hearing was appropriate in this case, with the issue of whether the Code has been violated proceeding as scheduled.

6If a Code violation is established, the respondent’s counsel can renew her request for an IME at that time.

7The parties also requested an order on consent that the deadline for filing of documents and witness’ statements be extended to July 3, 2013.

ORDER

8The Tribunal therefore orders:

• The hearing is bifurcated;
• The parties will file their documents and witness statements on or before July 3, 2013.