Demers v. MatchTransact Inc. o/a WOW! Mobile, 2016 HRTO 718

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Jean Demers

Applicant

-and-

MatchTransact Inc. o/a WOW! Mobile

Respondent

INTERIM DECISION

Adjudicator: Keith Brennenstuhl

Date: May 25, 2016

Citation: 2016 HRTO 718

Indexed as: Demers v. MatchTransact Inc. o/a WOW! Mobile

WRITTEN SUBMISSIONS

Jean Demers, Applicant

Jean-Alexandre De Bousquet, Counsel

MatchTransact Inc. o/a WOW! Mobile, Respondent

Michelle S. Henry, Counsel

1This Application alleges discrimination with respect to employment because of family status contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondent filed a Response to the Application. The hearing of this Application has been set for August 23 & 24, 2016.

2The applicant has filed a Request for Order (“Request”) seeking to amend the Application by adding further allegations of reprisal subsequent to the filing of the Application, including an allegation that he was terminated for seeking to enforce his rights under the Code. The applicant also seeks to amend the remedy sought in his Application.

3The respondent does not oppose the applicant’s Request and has filed a Response to the Request which includes a response to the allegations set out in the Request.

4I am satisfied that the most fair, just and expeditious manner of adjudicating the dispute between the parties is to allow the amendment of the Application as requested.

5Under the circumstances, the Application is amended as requested by the applicant.

6In order to ensure a fair, just and expeditious adjudication of the Application, as amended, the Tribunal makes the following Directions:

• The applicant will deliver and file a Reply to the response set out in the in the respondent’s Response to the Request by June 8, 2016.
• On or before June 15, 2016 the parties will deliver to each other a list of all arguably relevant documents in their possession. Where privilege is claimed over any document, the party must describe the nature of the document and the reason for making the claim. The parties will also deliver to each other a copy of each document contained on the list, excluding any documents for which privilege is claimed.
• The parties will deliver and file any documents upon which they intend to rely at the hearing of the Application as amended, as well as their witness lists and summaries of each of their witness’ anticipated evidence, on or before July 11, 2016 in accordance with the Directions contained in the Notice of Confirmation of Hearing dated April 8, 2016.

7I am not seized.