Vaughan v. Great Canadian Theatre Company, 2008 HRTO 130

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Joyce Vaughan

Applicant

-and-

Great Canadian Theatre Company and Charles McFarland

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim Date: October 7, 2008 Citation: 2008 HRTO 130 Indexed as: Vaughan v. Great Canadian Theatre Company

Human Rights Tribunal of Ontario 655 Bay Street, 14^th 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 5, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). On September 9, 2008 the corporate respondent filed its response. On September 11, the personal respondent Charles McFarland filed his response to the Application.

2In accordance with its usual practice, the Tribunal set a mediation date without prior consultation with the parties. In this case, the Tribunal Notice of Mediation, sent August 18, set the mediation for October 20, 2008. This date and the location was confirmed by the Tribunal on September 4, 2008.

3On September 25, the corporate respondent requested an adjournment of the October 20 date; after canvassing dates with the parties, the Tribunal rescheduled the mediation to October 23, 2008. The personal respondent’s counsel then advised she was not available on that day. The applicant is frustrated by the delay in scheduling the mediation and the processing of her Application.

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 mediation. If mediation is unsuccessful, the mediator will assist the parties to complete a case management checklist (Rule 8) and the application proceeds to a case resolution conference in accordance with Rule 9.1.

5Where a party refuses to attend mediation or the mediation cannot be scheduled in an expeditious fashion, it may impede the processing of the application, in which case the Tribunal may, in its discretion, issue a case management direction (Rule 5.14) directing the parties to attend at the Tribunal to complete the matters identified in the case management checklist. In this case, however, I am satisfied the Application can be processed expeditiously without requiring such attendance.

6In the circumstances of this case, and having regard to the Tribunal Guide and Section 53(3) Rules, the mediation scheduled for October 23, 2008 is cancelled.

7The Tribunal will proceed to the next step in the process, which is to prepare for a case resolution conference in accordance with Rule 9.

8Accordingly, the parties are directed as follows:

a. Within 30 days following the date of this decision, the applicant shall deliver to the respondent and file with the Tribunal, a statement of any additional facts the applicant intends to rely upon and a description of the remedies sought. In addition, the applicant shall deliver to the respondents a copy of all arguably relevant documents in the applicant’s possession, except where privilege is claimed.

b. Within 45 days following the date of this decision, the respondents shall deliver to each other and to the applicant and file with the Tribunal a statement of any additional facts the respondents will rely upon and the respondents’ position with respect to the requested remedies. In addition, the respondents must deliver to each other and to the applicant a copy of all arguably relevant documents in the respondents’ possession, except where privilege is claimed.

9The parties are directed to provide the Tribunal, within 10 days of the date of this decision, with their dates of availability for a two day case resolution conference to be scheduled between January 15, 2009 and March 15, 2009. 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.