Human Rights Tribunal of Ontario
B E T W E E N:
Mariam Senior Applicant
-and-
City of Toronto Bendale Acres Long Term Care Homes and Services, Madge Flemming, Veronica Moore, CaleyWray and Canadian Union of Public Employees Local 79 Respondents
DECISION
Adjudicator: Keith Brennenstuhl Date: January 29, 2016 Citation: 2016 HRTO 133 Indexed as: Senior v. City of Toronto Bendale Acres Long Term Care Homes and Services
APPEARANCES
Mariam Senior, Applicant Osborne Barnwell, Counsel
City of Toronto Bendale Acres Long Term Care Homes and Services, Madge Flemming and Veronica Moore, Respondent Ian Solomon, Counsel
Caley Wray and Canadian Union of Public Employees Local 79, Respondent Douglas Wray, Counsel
Introduction
1This Application alleges discrimination with respect to employment because of ethnic origin, disability, family status and reprisal or threat of reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant claims that the termination of her employment with Toronto Bendale Acres Long Term Care Homes and Services (“the “City of Toronto”) was for discriminatory reasons. The individual respondents, Madge Flemming and Veronica Moore, are employees of the City of Toronto.
2By Case Assessment Direction (“CAD”) dated October 1, 2015, the Tribunal directed that a preliminary hearing be held to determine whether the Application should be dismissed in whole or in part, on the basis that: another proceeding has appropriately dealt with the substance of the Application; the applicant has signed a full and final release with respect to the same subject matter of the Application; that to proceed would amount to an abuse of the Tribunal’s process; and/or, there is no reasonable prospect that the Application or part of the Application will succeed.
3The Tribunal scheduled a teleconference preliminary hearing on January 21, 2016 at which time the parties made oral submissions.
4For the reasons that follow, the Application is dismissed. I find that it would be an abuse of process for the applicant to proceed with her Application as against the City of Toronto, Madge Flemming and Veronica Moore and I find that there is no reasonable prospect that the Application will succeed as against CaleyWray and Canadian Union of Public Employees Local 79 (the “Union”).
5Given my finding with respect to abuse of process and reasonable prospect of success, it is not necessary for me to address the issue of whether another proceeding has appropriately dealt with the substance of the Application.
Decision and analysis
Abuse of Process
6The applicant’s employment with the City of Toronto was terminated by letter dated September 30, 2013. The applicant filed a grievance protesting the discharge pursuant to the collective agreement between Local 79 and the City of Toronto. The parties ultimately settled the matter and Minutes of Settlement (“Minutes”) and a Final Release and Indemnity (“Release”) were signed by the applicant pursuant to which she received a significant separation payment.
7The Minutes and Release were signed by the applicant on June 4, 2015. The Minutes include the following language:
The Grievor