Naguib v. Toronto (City), 2008 HRTO 118

Human Rights Tribunal of Ontario

B E T W E E N:

Mary Naguib

Applicant

-and-

City of Toronto (Works and Emergency Services), Maria Mlakar, Bill Forest, and Barry Gutteridge

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim Date: September 30, 2008 Citation: 2008 HRTO 118 Indexed as: Naguib v Toronto (City)

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 September 4, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2A mediation has been scheduled for November 28, 2008.

3The respondents have not yet submitted a response (Form B). The respondents take the position that, where the Ontario Human Rights Commission has decided not to refer the applicant's complaint to the Tribunal, the Tribunal has no jurisdiction and it would be an abuse of process to deal with this Application. The applicant's request for reconsideration of the commission's decision remains outstanding.

4The respondents assert that the complaint which forms the subject-matter of this Application is not continued within the meaning of the Code.

5Section 53(3) of the Code provides:

Subject to subsection (4), at any time during the six-month period referred to in subsection (2), the person who made a complaint that is continued under that subsection may, in accordance with the Tribunal rules, elect to abandon the complaint and make an application to the Tribunal with respect to the subject-matter of the complaint.

6The Tribunal requires additional information and submissions from the parties on this issue. Therefore, the Tribunal makes the following order:

a. Within 20 days of the receipt of this decision, the respondents shall file their Form B response.

b. Within 20 days of this decision, the applicant shall deliver to the respondents and file with the Tribunal a copy of:

1. the request for Reconsideration;

2. any correspondence from the Commission in relation to the request for Reconsideration.

c. Within 20 days of receipt of the information identified in paragraph a. above, the respondents shall deliver to the applicant and file with the Tribunal submissions in support of its position that the Tribunal does not have the jurisdiction to deal with this Application and/or that it would be an abuse of process to deal with this Application. The respondents should at the same time provide any documents relevant to their position.

d. Within 20 days of receipt of the respondents' submissions identified in paragraph b. above, the applicant may deliver any reply submissions to the respondents and file them with the Tribunal.

7Upon receipt of the written submissions the Tribunal will advise whether it will hear oral submissions from the parties on any of the above issues. The oral submissions will be heard on November 28, 2008 unless any party advises they are unavailable on that date. The party must advise the Registrar why they are not available and provide five alternative dates, within five days of the date of this decision

8If oral submissions are required the Tribunal will contact the parties promptly to confirm or reschedule the date of the case resolution conference.