Karen Rodman v. United Church of Canada, 2016 HRTO 1415

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Karen Rodman Applicant

-and-

United Church of Canada and London Conference of The United Church of Canada Respondents

INTERIM DECISION

Adjudicator: Laurie Letheren Date: November 2, 2016 Citation: 2016 HRTO 1415 Indexed as: Rodman v. United Church of Canada

WRITTEN SUBMISSIONS

Karen Rodman, Applicant Self-represented

United Church of Canada, Respondent Kathy McDonald, Counsel

London Conference of the United Church of Canada, Respondent Margaret Szilassy, Counsel

introduction

1This is an Application filed under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended ("Code"). The applicant alleges she experienced discrimination in employment.

Deferral Request

2The respondent, the United Church of Canada, made a Request that the Application be Deferred pending to completion the proceeding before the Judicial Committee of the United Church of Canada ("Judicial Committee").

3On October 17, 2016, the applicant filed a Reply in which she indicated that the proceeding before the Judicial Committee and her request for an appeal of that proceeding are now complete.

4Given the circumstances, the Request to Defer is denied.

Summary Hearing Request

5The respondent, London Conference of The United Church of Canada, has filed a Request For Order During Proceedings (Request) that the Application be dismissed on the basis that the applicant has no reasonable prospect of demonstrating that actions that the applicant alleges to have occurred amount to violations of her rights as protected by the Code.

6The applicant has filed a Response to the Request.

7Having reviewed the file, the respondent's Request and the applicant's Response to the Request, the Tribunal finds that there is a dispute on the facts and legal issues that are fundamental to a determination on whether the applicant's rights under the Code have been breached by the respondents' actions.

8There are a number of complex legal issues that will need to be addressed in this Application and they cannot be properly determined without the benefit of a full evidentiary record.

9The Request for Summary Hearing is therefore, denied.

order

10The Request that the Application be deferred made by the respondent, the United Church of Canada, is denied.

11The Request for a Summary Hearing made by the respondent, London Conference of the United Church of Canada, is denied.

12As all parties have agreed to Mediation, the Registrar will schedule Mediation of this Application.

13I am not seized.