Kelly Dzikewich v. Kraus Carpet LP, 2015 HRTO 1199

Human Rights Tribunal of Ontario

BETWEEN:

Kelly Dzikewich Applicant

-and-

Kraus Carpet LP Respondent

INTERIM DECISION

Adjudicator: Keith Brennenstuhl Date: September 10, 2015 Citation: 2015 HRTO 1199 Indexed as: Dzikewich v. Kraus Carpet LP

APPEARANCES

Kelly Dzikewich, Applicant Self-represented

Kraus Carpet LP, Respondent Stephanie Sangster, Counsel

1This Application alleges discrimination with respect to employment because of age contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). In particular the applicant alleges that his employer, the respondent, terminated his employment and over-looked him for promotion because of his age.

2At the request of the respondent, the Tribunal directed a summary hearing, which was held by telephone conference call on September 1, 2015.

3The issue before me is whether the Application should proceed or whether it should be dismissed as having no reasonable prospect of success, the Tribunal’s Practice Direction on summary hearings states:

A summary hearing usually considers:

• whether, assuming all of the allegations are true, the Application has no reasonable prospect of success. In these cases, the focus will generally be on the legal analysis and whether what the applicant alleges may be reasonably considered to amount to a Code violation; and/or

• whether there is a reasonable prospect that the applicant can prove on a balance of probabilities, that his or her Code rights were violated by the respondent(s). The applicant has to show that he or she can make a link between the event that led to the Application and the alleged ground(s) of discrimination.

4Rule 19A.6 of the Tribunal’s Rules of Procedure states that where the Tribunal decides not to dismiss an Application following a summary hearing, it need not give reasons.

5At the summary hearing stage, the Tribunal does not hear evidence and a finding that an Application should not be dismissed as having no reasonable prospect of success means only that the Application will continue to proceed. It is not a finding or an indication that there is a reasonable prospect of success.

6At this point in the proceeding, I am satisfied that the Application cannot be dismissed as having no reasonable prospect of success.

7The Tribunal will continue to process the Application. As the parties have agreed to mediation, The Tribunal will schedule a ½ day mediation.

8I am not seized of this matter.