Elizabeth Charlotte Carlos v. 1174364 Ontario Ltd. and Manuel Ferreira, 2008 HRTO 101

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Elizabeth Charlotte Carlos Applicant

-and-

1174364 Ontario Ltd. and Manuel Ferreira Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim Date: September 23, 2008 Citation: 2008 HRTO 101 Indexed as: Carlos v. 1174364 Ontario Ltd.

Human Rights Tribunal of Ontario 655 Bay Street, 14th Floor Toronto, ON M7A 2A3 Phone (416) 314-8419 / Fax (416) 314-8743 / Toll free 1-866-598-0322 TTY (416) 314-2379 / (toll free) 1-800-424-1168 E-mail hrto.registrar-transition@ontario.ca Website www.hrto.ca

1This is an Application filed August 11, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2On August 14, 2008, the Tribunal set a mediation date of October 14, 2008.

3On September 16 and 18, 2008 the respondents filed responses requesting that the Tribunal dismiss the complaint pursuant to section 45.1 of the Code, on the basis that the issues in the underlying Ontario Human Rights Commission complaint were dealt with by the Rental Housing Tribunal, and for other reasons set out more fully in their correspondence of September 16 and 18, 2008.

4The Tribunal directs that the mediation date scheduled for October 14, 2008 shall be converted to a case resolution conference to hear the respondents’ request to dismiss the Application on the basis of the submissions and documents as set out in the respondents’ correspondence of September 16 and 18, 2008.

5The applicant is directed to file written submissions (with supporting documentation if desired) to respond to the respondents’ correspondence of September 16 and 18, 2008, by October 8, 2008.

6The respondents are directed to file their reply, if any, to the applicant’s submissions by October 13, 2008

7As the date of October 14, 2008 was scheduled without prior consultation with the parties, the parties shall have five days from the date of this decision to advise whether or not they are available for the case resolution conference on October 14, 2008. If a party is not available, they must provide the reasons they are not available and provide alternative dates.

If necessary, the Tribunal will contact the parties to reschedule a date for the case resolution conference.