Peter Sgambelluri v. CIBC Mortgages Inc., 2015 HRTO 220

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Peter Sgambelluri Applicant

-and-

CIBC Mortgages Inc. Respondent

INTERIM DECISION

Adjudicator: Keith Brennenstuhl Date: February 20, 2015 Citation: 2015 HRTO 220 Indexed as: Sgambelluri v. CIBC Mortgages Inc.

APPEARANCES

Peter Sgambelluri, Applicant Self-represented

CIBC Mortgages Inc., Respondent Elisha Jamieson-Davies, Counsel

1This Application alleges discrimination with respect to employment because of disability contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The Tribunal scheduled a preliminary hearing to be held on February 17, 2015 to address whether the Application should be dismissed on the basis that the applicant has signed a full and final release with respect to the same subject matter of the Application and that to proceed with hearing the Application would amount to an abuse of the Tribunal’s process.

3The applicant delivered to the respondent and filed with the Tribunal written submissions dated October 25, 2014 which claims that the applicant signed the release under economic duress.

4On January 21, 2015, the applicant filed further written submissions with the Tribunal which request that the release be set aside because the respondent misrepresented the circumstances under which he signed the release and because his vision impairment and his learning disability prevented him from understanding the release.

5At the commencement of the preliminary hearing it became evident that the respondent had never received these further submissions, was unfamiliar with them and, therefore, not in a position to respond to the further submissions. At the preliminary hearing, I provided the respondent with a copy of the further submissions.

6In these circumstances it would have been unfair, in my view, to require the respondent to proceed and I adjourned the preliminary hearing so that the respondent would have an opportunity to prepare a response to the further submissions.

order

7The Tribunal orders as follows:

1. The preliminary hearing scheduled for February 17, 2015 is adjourned;

2. The parties are directed to provide their available dates for a preliminary hearing that are within 12 weeks of the originally scheduled preliminary hearing date to the Registrar within 7 days of the date of this Interim Decision.

3. The Registrar shall schedule a full day preliminary hearing commencing at 10:00 a.m. and shall send the parties a notice confirming the re-scheduled date.

4. At least 20 days prior to the rescheduled preliminary hearing the parties shall exchange copies of all documents that they intend to rely on at the rescheduled preliminary hearing as well as a list of their respective witnesses, if any, and witness statements setting out the intended evidence of each witness. Copies of this material shall be filed with the Tribunal by the deadline date.