King v. Xpdex Canada, 2008 HRTO 148

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gerard King

Applicant

-and-

Xpdex Canada

Respondent

INTERIM DECISION

Adjudicator: Kaye Joachim Date: October 10, 2008 Citation: 2008 HRTO 148 Indexed as: King v. Xpdex 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 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”). On September 10, 2008 the Tribunal scheduled a mediation for October 29, 2008. On October 6, 2008 the respondent filed the Response to the Application.

2On October 6, 2008 the Tribunal received correspondence from the parties indicating that the applicant did not intend to miss work to attend the mediation and the respondent offered to meet in the evenings or weekends. The Tribunal notified the parties that the Tribunal does not hold mediations or hearings in the evenings or on weekends.

3The 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

4Where a party refuses to attend the mediation, it may impede the efficient 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.

5In light of the applicant’s announced intention not to attend the mediation, the mediation scheduled for October 29, 2008 is cancelled. The Tribunal will proceed to the next step in the process, which is to prepare for a case resolution conference in accordance with Rule 9.

6Accordingly, 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 respondent shall deliver to the applicant and file with the Tribunal a statement of any additional facts the respondent will rely upon and the respondent’s position with respect to the requested remedies. In addition, the respondent must deliver to the applicant a copy of all arguably relevant documents in the respondent’s possession, except where privilege is claimed.

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.