Human Rights Tribunal of Ontario

B E T W E E N:

Ontario Human Rights Commission

Commission

-and-

Martha Glover

Complainant

-and-

571566 Ontario Inc. o/a Cadillac Tavern,

Vladimir (a.k.a. Walter) Perin Sr., Walter Perin Jr.

Respondents

DECISION

Adjudicator: Michael Gottheil

Date: May 18, 2006

Citation: 2006 HRTO 14

Human Rights Tribunal of Ontario

400 University Avenue, 7^th Floor

Toronto ON M7A 1T7

Phone (416) 314-0004 Fax (416) 314-8743 Toll free 1-800-668-3946

TTY (416) 314-2379 / 1-800-424-1168

E-mail hrto.registrar@jus.gov.on.ca

Website www.hrto.ca

APPEARANCES

Ontario Human Rights Commission ) Eddie Taylor, Counsel

Martha Glover, Complainant ) Geri Sanson, Counsel

571566 Ontario Inc. o/a Cadillac Tavern, )

Vladimir (a.k.a. Walter) Perin Sr., ) No appearance

Walter Perin Jr., Respondents )

INTRODUCTION

[1] This is a complaint brought under the Human Rights Code, R.S.O. 1990, c.H.19 as amended (“the Code”), alleging an infringement of sections 5(1), 7(2), 7(3)(a), 7(3)(b), 8 and 9. An amended Complaint was filed on or about October 19, 2004 and was referred to the Human Rights Tribunal of Ontario (“the Tribunal”) on February 15, 2005.

[2] This Decision addresses a number of procedural and other issues raised by the Commission and the Complainant at a hearing held on May 4, 2006. The Respondents did not attend the hearing although they were provided with due notice.

BACKGROUND

[3] The circumstances giving rise to this Decision are somewhat unusual. The Complaint originally came on for a hearing on the merits on March 1, 2006, in Windsor, Ontario. Prior to the commencement of the hearing, the parties entered into Minutes of Settlement resolving the Complaint. On or about March 31, 2006, the Tribunal received from the Commission an executed Form 3 (Confirmation of Full Settlement) as well as a Form 4 (draft Order disposing of a Complaint). The Order (Form 4) was signed by the Tribunal March 31, 2006.

[4] Previously, in correspondence to the Tribunal dated March 29, 2006, Counsel for the Complainant advised that the Respondents had not complied with the terms of the Settlement, and requested that the matter be brought back on for hearing. The Tribunal confirmed that the dates of June 5-9, 2006 (which had been previously set aside for the matter) continued to be available, and would be held for a continuation of the hearing at the request of the Complainant.

[5] By letter dated April 5, 2006, Counsel for the Complainant made an urgent request that the Tribunal rescind the Order issued on March 31, 2006. Counsel took the position that while the Complainant had signed the Form 3 on March 1, 2006, it was given to the Commission to hold in escrow, and was not to be provided to the Tribunal along with the Form 4 until all payments under the Settlement had been received from the Respondents. Since the Respondents had failed to make all payments as required under the Settlement, the Complainant submitted that there was no valid consent to dispose of the matter and the Commission ought not to have delivered the executed Form 3 and draft Order for signing by the Tribunal.

[6] By correspondence dated April 5, 2006, the Tribunal directed that the parties provide submissions on the request made by the Complainant. In correspondence dated April 7, 2006, the Commission confirmed that an administrative and clerical error on its part had resulted in the Forms 3 and 4 being forwarded to the Tribunal. As a result, the Commission supported the request that the March 31, 2006 Order be rescinded.

[7