Patricia Baichan v. Assante Capital Management Ltd., 2013 HRTO 1466

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Patricia Baichan

Applicant

-and-

Assante Capital Management Ltd., and Dixie Allen

Respondents

INTERIM DECISION

Adjudicator: David Muir

Date: August 28, 2013

Citation: 2013 HRTO 1466

Indexed as: Baichan v. Assante Capital Management Ltd.

WRITTEN SUBMISSIONS

Patricia Baichan, Applicant

Sajjad A. Najem, Representative

Assante Capital Management, Respondent

Rishi Bandhu, Representative

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 colour, creed, ethnic origin, race and reprisal.

2The respondents have filed a Request for Order During Proceeding (“Request”) seeking particulars of the allegations made by the applicant. The applicant opposes the Request and states that the applicant will provide full particulars at the appropriate time.

3I have reviewed the Application. The allegations are assertions that the applicant experienced discriminatory treatment but there are no facts plead which would support the assertions. So for example the applicant alleges that she faced “ill treatment and foul talks about her race, but the applicant does not say what was said to her or about her or by whom. There are many other examples of broad assertions of mis-treatment, about jokes being made at the applicant’s expense allegedly, but no detail of what was said, when it was said and by whom.

4The Tribunal does not have the general power to deal with allegations of unfairness. It can only deal with alleged discrimination or harassment on the grounds set out in the Code. To succeed in an Application, an applicant must be able to prove discrimination on the basis of a Code ground on a balance of probabilities. To show discrimination, an applicant must prove a link between a respondent’s alleged actions and a Code ground. Having reviewed the Application, the applicant has provided no facts which would tend to support that there is a link between the actions of the respondents and the grounds alleged. I agree with the respondents that the Application is largely devoid of particulars of alleged discrimination and this should be remedied before the Application proceeds further in the Tribunal process. The applicant must provide full particulars of the general allegations she has made. This will include a description of the thing done or said to or about her, by whom these things were done and when these things were said or done.

Direction

5The applicant is directed to deliver and file complete particulars of her allegations of alleged discriminatory treatment she claims to have experienced while employed by the respondents within 14 days of the date of this Direction failing which the Application may be dismissed as abandoned.

6I am not seized of this case.