Ranford James v. Evonik Degussa Canada Inc. and Lu-Anne Trainor, 2008 HRTO 129

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ranford James

Applicant

-and-

Evonik Degussa Canada Inc. and Lu-Anne Trainor

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: October 7, 2008

Citation: 2008 HRTO 129

Indexed as: James v. Evonik Degussa Canada

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 29, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”).

2The Tribunal scheduled a mediation for November 20, 2008.

3On September 29, 2008 the respondents filed their response to the Application submitting that the complaint filed with the Ontario Human Rights Commission, which forms the basis of the present Application, was untimely and was also the subject of a settlement and a signed release and should be dismissed by the Tribunal at the outset.

4The Tribunal’s Rules of Procedure for Applications under Section 53(3) of the Human Rights Code (Section 53(3) Rules) and the Tribunal’s Guide to Section 53(3) Applications, contemplate that the first step in a section 53(3) application is a mediation.

5In the circumstances of this case, the Tribunal is of the view that the matters raised by the respondents should be dealt with prior to the mediation.

6Accordingly, the parties are directed as follows:

a. Within 30 days following the date of this decision, the respondents shall deliver to each other and file with the Tribunal, submissions and documents in support of the request for early dismissal of the Application. If the respondents intend to call oral evidence in support of their submissions, they should include a brief statement of what each witness will say.

b. Within 15 days of receipt of the respondents’ submissions, the applicant shall deliver to the respondents and file with the Tribunal his responding submissions and any supporting documents. If the applicant intends to call oral evidence in support of his position, he should set out a brief statement of what each witness will say.

c. The respondents may file a brief reply to the applicant’s submissions within 5 days of receiving them.

7The Tribunal will contact the parties to set a date for the case resolution conference. The parties are reminded that the Section 53(3) Rules contemplate that applications under section 53(3) of the Code be dealt with in an expedited manner.