Jose Sorzano v. The AIDS Network Hamilton and Ruthann Tucker, 2013 HRTO 1363

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jose Sorzano

Applicant

-and-

The AIDS Network Hamilton and Ruthann Tucker

Respondents

INTERIM DECISION

Adjudicator: Dawn J. Kershaw Date: August 8, 2013 Citation: 2013 HRTO 1363 Indexed as: Sorzano v. The AIDS Network Hamilton

WRITTEN SUBMISSIONS

Jose Sorzano, Applicant Self-represented

The AIDS Network Hamilton and Ruthann Tucker, Respondents Kevin Robinson, Counsel

Introduction

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of race, ancestry, ethnic origin, disability, sexual orientation, age and reprisal or threat of reprisal.

2The applicant requests the following:

a. An amendment to his Application to include claims for a monetary remedy of $50,000.00 that includes unspecified damages for “severe and extreme emotional distress, major depression and stream [sic] stress” of $15,000.00; outstanding RSP payments of $10,000.00; and income loss of $25,000.00;

b. Disclosure of staff evaluations done by Betty Ann Thomas, Adrian Betts and Todd Farleigh;

c. Disclosure of documents related to the van accident of March 1, 2012; and

d. Addition to the witness list.

3The respondent consents to the relief sought in paragraphs a. and b, which is ordered on consent.

4The respondent advises it has no documents relating to the van accident.

5The applicant provides no information with respect to the additions he seeks to the witness list, and therefore the Tribunal cannot make any order. This request can be dealt with at a later date or stage of the proceeding, if necessary.

ORDER

6The Tribunal orders that:

a. The applicant will provide an amended Application to include the claims set out in paragraph 2(a), above, within 14 days of the date of this Interim Decision.

b. The respondent may provide an amended Response to the amended Application within 14 days of its receipt of the amended Application.

c. The respondent will provide to the applicant within 14 days of this Interim Decision the staff evaluations referred to in paragraph 2(b), above.

d. The applicant’s request for an addition to the witness list is dismissed on a without prejudice basis to permit the applicant to renew his request for additions to the witness list at a later date or stage of proceeding, if required.