Nancy Carson v. Children’s Hospital of Eastern Ontario, 2016 HRTO 1255

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Nancy Carson

Applicant

-and-

Children’s Hospital of Eastern Ontario

Respondent

INTERIM DECISION

Adjudicator: David Muir

Date: September 27, 2016

Citation: 2016 HRTO 1255

Indexed as: Carson v. Children’s Hospital of Eastern Ontario

WRITTEN SUBMISSIONS

Nancy Carson, Applicant

John Yach, Counsel

Children’s Hospital of Eastern Ontario, Respondent

Raquel Chisholm, Counsel

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), alleging discrimination with respect to employment because of disability and reprisal. This Interim Decision responds to issues raised by the parties.

Issues raised in the Response

2In its Response the respondent asserts that many of the allegations made by the applicant are untimely. Although the applicant has filed a Reply (Form 3) she does not appear to have addressed this issue. Given that this issue has the potential to substantially impact the hearing process the issue should be addressed prior to the hearing. The applicant is directed to respond to the delay issue raised by the respondent within 7 days of the date of this Interim Decision.

The Applicant’s Request

3The applicant filed a Request for Order During Proceeding seeking an Order striking the Response because it was not delivered to the applicant as required by my Interim Decision.

4The applicant’s Request is denied. Although the applicant is correct that the Direction in the Interim Decision was that the Response be delivered and filed, delivery under the Tribunal’s Rule s meaning deliver to the other party, there is no prejudice to the applicant in the respondent having in a timely way followed the usual procedure for the filing of a Response.

Other Matters

5Neither party has agreed to engage in mediation at the Tribunal. The parties are directed to confirm their interest in mediation within 14 days of the date of this Interim Decision failing which the case will be scheduled in due course for a two day hearing.

Directions

6The applicant will deliver and file a Response (Form 11) addressing the delay issues raised by the respondent in its Response within 14 days of the date of this Interim Decision.

7The parties are directed to confirm their interest in mediation at the Tribunal within 14 days of the date of this Interim Decision failing which the case will be scheduled in due course for a two day hearing.

8I am not seized.