Tanya DeSanto (Granes) v. Staff Management SMX, a Division of Seaton Corporation Canada Inc., 2014 HRTO 346

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Tanya DeSanto (Granes)

Applicant

-and-

Staff Management SMX, a Division of Seaton Corporation Canada Inc.

Respondent

INTERIM DECISION

Adjudicator: Jo-Anne Pickel

Date: March 13, 2014

Citation: 2014 HRTO 346

Indexed as: DeSanto v. Staff Management SMX, a Division of Seaton Corporation Canada Inc.

WRITTEN SUBMISSIONS

Staff Management SMX, a Division of Seaton Corporation Canada Inc., Respondent

Paul Boshyk, Representative

1The applicant filed an Application under the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code") on October 30, 2013.

2In her Application, the applicant indicated that the last incident of alleged discrimination occurred when her employment ended on October 30, 2012.

3In its Response, the respondent submitted that the Application should be dismissed due to delay. The respondent argued that, since the last incident of alleged discrimination occurred on October 30, 2012, the Application should have been filed on October 29, 2013.

4The applicant did not respond to the respondent's dismissal request.

ANALYSIS

5Section 34 of the Code provides that an Application must be filed within one year of the incident to which the Application relates, or within one year of the last incident in a series of events. The Tribunal discussed the calculation of this one year time frame in Ward-Taylor v. Instachange Displays Limited, 2012 HRTO 1282. For the reasons set out in that Decision, an Application with respect to an incident occurring on October 30, 2012 must be filed by October 30, 2013. Therefore, the Application is timely.

Order

6In light of the above, the respondent's request to dismiss the Application due to delay is denied. A Notice of Hearing shall follow from the Tribunal Registrar.