Dinelle v. Extendicare Starwood Long Term Care Home, 2016 HRTO 1495

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Joanne Dinelle

Applicant

-and-

Extendicare Starwood Long Term Care Home

Respondent

-and-

Unifor Local 830

Intervenor

INTERIM DECISION

Adjudicator: David Muir

Date: November 23, 2016

Citation: 2016 HRTO 1495

Indexed as: Dinelle v. Extendicare Starwood Long Term Care Home

1This Application alleges discrimination with respect to employment because of disability, record of offenses, sex, and reprisal contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The Application was filed on December 29, 2015, and was delivered to the respondent on January 28, 2016.

3On March 17, 2016, the respondent filed its Response (Form 2) together with a Request for Order During Proceeding ("Request") seeking an order requiring the applicant to provide further particulars of her allegations.

4By order of the Tribunal, the respondent's Request was deferred pending mediation.

5The parties did not resolve their dispute at mediation.

6The respondent renewed its Request on October 11, 2016. The applicant has not responded to the Request.

7The Request is denied.

8In my view, while it is unfortunate the applicant chose not to respond to the Request, I am not satisfied that the Application is lacking in particulars. The allegations generally identify the who, what, when and where of each of the alleged incidents. Depending on the content of any witness statements that may be provided prior to the hearing, the applicant may be limited to the particulars provided in the Application. Any alleged deficiencies in the particulars provided will be dealt with at the appropriate time by the hearing adjudicator.

9For these reasons the Request is denied.

10I am not seized of this case.