HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Theresa Dewdney
Applicant
-and-
Toronto Transit Commission
Respondent
INTERIM DECISION
Adjudicator: Ena Chadha
Indexed as: Dewdney v. Toronto Transit Commission
WRITTEN SUBMISSIONS
Theresa Dewdney, Applicant
Farah Malik, Counsel
Toronto Transit Commission and Diane Chyn, Respondents
Lucy Siraco, Counsel
1The applicant filed this Application on May 28, 2012, under section 34 of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended, alleging discrimination with respect to employment on the basis of disability and reprisal.
2The Application was originally filed against the organizational respondent and Diane Chyn, as a personal respondent. The applicant was injured in a motor vehicle accident on her way to work on September 26, 2006. The applicant alleges that the respondents failed to properly accommodate her disability and terminated her employment while she was on medical leave. The personal respondent was employed as a disability management specialist with the Occupational Health and Claims Management unit of the organizational respondent’s human resources department.
3The respondents filed a Response on January 16, 2013, denying the allegations and requesting that the personal respondent be removed from the Application on the basis that the allegations against the personal respondent are untimely and because the organizational respondent accepts vicarious liability for the personal respondent’s actions within her employment authority. The respondents subsequently requested that, prior to the parties participating in mediation, the Tribunal remove Ms. Chyn and strike the allegations contained in the Application as against her.
4The applicant filed a Reply on February 5, 2013, wherein she agrees to remove the personal respondent on the basis that the organizational respondent accepts vicarious liability. The applicant further clarified that “any allegations that mention Ms. Chyn were made with a view to providing a chronology of events in this case.” The applicant notes that the respondent has not filed a request for an order seeking that allegations be struck and requests that the Tribunal schedule mediation.
5In view of the applicant’s consent to remove Ms. Chyn, the personal respondent will be removed as a party from the Application. In addition, given the applicant’s confirmation that references to Ms. Chyn are simply part of the Application chronology, the Tribunal will proceed on the understanding that the references to Ms. Chyn as part of the chronology of events and not distinct allegations against her.
6As such, the Tribunal orders that the style of cause is amended to remove the personal respondent and orders that a mediation will be scheduled for this Application. Within 7 days of the date of this Interim Decision, the parties are directed to communicate with each other and provide the Tribunal with four proposed dates of mutual availability during the months of July and August 2013.
7I am not seized of this matter.
Dated at Toronto, this 3rd day of May, 2013.
“Signed by”
Ena Chadha
Vice-chair