Hilka Glaze v. Woodbine Entertainment Group, 2008 HRTO 156

Human Rights Tribunal of Ontario

B E T W E E N:

Hilka Glaze

Applicant

-and-

Woodbine Entertainment Group, Sheila Galloro, Christine Nadeau, Veena Rampersad and Gord Canning

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim Date: October 14, 2008 Citation: 2008 HRTO 156 Indexed as: Glaze v. Woodbine Entertainment Group

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"). On October 1, 2008 the Tribunal scheduled mediation for December 10, 2008. On October 6, 2008 Woodbine Entertainment Group and the personal respondents Sheila Galloro and Veena Rampersad filed their response to the application. These parties will be referred to the "served respondents" or the "respondent employer" as applicable.

Failure to Serve Certain Personal Respondents

2The applicant served the personal respondents Christine Nadeau and Gord Canning by mailing a copy of the Application to them at the respondent employer's premises. The respondent employer has advised both the applicant and the Tribunal that they have not worked there for over a year and that they cannot accept service on his behalf.

3It is the obligation of the applicant to serve all respondents with the Application (Form A). The Tribunal is not satisfied the personal respondents Christine Nadeau and Gord Canning have been properly served. The applicant has 30 days from the date of this decision to serve these respondents with the complete Application (Form A) and file a Form C with the Tribunal or the Tribunal will consider whether to remove these personal respondents as a parties to these proceedings

4The respondent employer is directed to provide the applicant and the Tribunal with the last known addresses for Christine Nadeau and Gord Canning, within five days of the date of this decision.

Request to Dismiss the Applications

5On September 23, 2008, the served respondents requested that mediation be deferred until after the Tribunal considered their request for early dismissal on the basis that the Tribunal has no jurisdiction to hear this Application because the Ontario Human Rights Commission had made a final decision on July 29, 2008 deciding not to refer the applicant's complaint to the Tribunal.

6The applicant filed a request to the Commission for Reconsideration under section 37 of the old Part IV of the Code and the served respondents made submissions on the request for reconsideration on September 3, 2008. As stated above, the Tribunal received the section 53(3) application on September 4, 2008

7Section 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.

8The essence of the served respondents' argument is that the Commission had investigated, considered and decided not to refer the complaint to the Tribunal. Therefore, the served respondents say the Commission has made a final decision and this is not a complaint that is "continued" under section 53(3) of the Code.

9In order for the Tribunal to deal with the issue raised by the served respondents, the Tribunal requires additional information and submissions from the parties. Therefore the Tribunal makes the following order:

a. The mediation scheduled for December 10, 2008 is cancelled.

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

1. the request for Reconsideration;
2. any correspondence by the Applicant to or 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 served respondents shall deliver to the applicant and file with the Tribunal submissions in support of their position the Tribunal does not have the jurisdiction to deal with this application. The served respondents should at the same time provide any additional documents relevant to their position.

d. Within 20 days of receipt of the served respondents' submissions identified in paragraph c above, the applicant shall deliver to the served respondents and file with the Tribunal a response, if any, or indicate to the Tribunal that no response will be filed.

e. Within 5 days of receipt of the applicant's submission, if any, served the served respondents shall deliver to the applicant and file their reply with the Tribunal or indicate they do not intend to reply.

10Upon receipt of the submissions the Tribunal will advise whether it will hear oral submissions from the parties on any of the above issues.

11These timelines may be extended if the personal respondents Nadeau and Canning are served and request extensions.

12I am not seized.