Human Rights Tribunal of Ontario
BETWEEN:
Jacqueline Dixon Applicant
-and-
The Corporation of the City of Guelph Respondent
INTERIM DECISION
Adjudicator: Keith Brennenstuhl Date: May 28, 2014 Citation: 2014 HRTO 759 Indexed as: Dixon v. Guelph (City)
APPEARANCES
Jacqueline Dixon, Applicant Self-represented
The Corporation of the City of Guelph, Respondent Lauren Bernardi, Counsel
1This Application alleges discrimination with respect to employment because of sex, including sexual harassment and pregnancy and sexual solicitation or advances contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).
2By Case Assessment Direction (CAD) dated December 3, 2013 the Tribunal directed that a summary hearing be held by teleconference to hear the parties submissions on whether the Application should be dismissed in whole or in part for delay.
3At the hearing it came to my attention that, prior to the issuance of the CAD, the applicant had filed a request to amend the Application, seeking to change the date of the last incident or event from May 30, 2012 to December 20, 2012.
4The respondent’s counsel indicated that the respondent was aware of the December 20, 2012 incident and, as well, indicated that it held no position with respect to the requested amendment.
5Under the circumstances, the request to amend is granted and the Application is amended accordingly. The respondent shall have 14 days to file an amended Response, if it so chooses. It remains open to the respondent to raise the timeliness of any of the allegations outlined in the Application at the merits hearing.
6The applicant has agreed to mediation. The respondent is directed to advise the Tribunal within 5 days of the issuance of this interim order whether it agrees to mediation. If the respondent agrees to mediation the Registrar shall schedule a ½ day mediation on the earliest possible date.
7I am not seized.
Dated at Toronto, this 28th day of May, 2014.
”Signed by”________________
Keith Brennenstuhl Vice-chair