Carolyn Valmassoi v. Canadian Electrocoating Ltd., 2013 HRTO 812

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Carolyn Valmassoi

Applicant

-and-

Canadian Electrocoating Ltd.

Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: May 15, 2013

Citation: 2013 HRTO 812

Indexed as: Valmassoi v. Canadian Electrocoating Ltd.

WRITTEN SUBMISSIONS

Carolyn Valmassoi, Applicant

Self-represented

Canadian Electrocoating Ltd., Respondent

Jeanine Watt, Counsel

Introduction

1This Interim Decision addresses the respondent’s Request for particulars and Request for an extension of time to file its Response.

2The respondent filed a Request for Order During Proceedings (“Request”) dated March 15, 2013 to request particulars from the applicant. The particulars sought all relate to the applicant’s claim that the respondent discriminated against her because of disability when it terminated her employment for innocent absenteeism as well as her claim that it discriminated against her because of family status.

3The respondent also requested that the deadline for its Response be extended to 35 days from the date the particulars are provided by the applicant.

4The applicant sought an extension of time to file her Response to this Request. On April 10, 2013, I issued a Case Assessment Direction (“CAD”) directing the applicant to file her Response to the respondent’s Request within 7 days of the CAD.

5On April 17, 2013, the applicant filed her Response in which she submitted that the particulars set out in the Application were sufficient for the respondent to file a Response to the Application.

6Having reviewed the materials in this case, I grant the respondent’s Request for particulars. The particulars sought all relate to key information relating to the applicant’s allegations that the respondent reasonably requires in order to file a full Response.

ORDER

7The Tribunal orders as follows:

a. Within 14 days of this Interim Decision, the applicant is directed to provide the particulars requested in the Respondent’s Request for particulars dated March 15, 2013.

b. The respondent shall file its Response to the Application within 35 days of the date that it receives the requested particulars from the applicant.