Wohl v. Commissionaires – Great Lakes, 2008 HRTO 192

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Guenter Wohl

Applicant

-and-

Commisssionaires – Great Lakes, James Watts and Phillip Day

Respondents

INTERIM DECISION

Adjudicator: Mark Hart

Date: October 29, 2008

Citation: 2008 HRTO 192

Indexed as: Wohl v. Commissionaires – Great Lakes

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 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”). The purpose of this interim decision is to address the applicant’s failure to attend the mediation.

2On August 18, 2008 the Tribunal sent a notice to the parties confirming receipt of this Application. On this same date, the Tribunal also sent a notice scheduling a mediation for October 14, 2008. The notice of mediation expressly states that if any party is unable to attend the mediation, they are to contact the Registrar – Transition within 10 days to re-schedule the date. Both notices were sent to the applicant at the mailing address provided by him on the Application. The applicant did not contact the Tribunal to say that he was unable to attend on the scheduled date or to request that the date be re-scheduled. Further, while the mediation was attended by a representative for the respondents, the applicant failed to attend without providing any reason or explanation.

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 a mediation. As indicated in the Tribunal’s Guide, if mediation is unsuccessful or if the parties aren’t willing to discuss resolution, the mediator will utilize the allotted time to ensure that the parties are ready to proceed to the case resolution conference by assisting the parties to complete a case management checklist (Rule 8.4) before the application proceeds to a case resolution conference. The case management checklist includes such things as:

• Identification of witnesses

• Identification of documents required, if any

• Canvassing dates for a case resolution conference

• Where possible, identifying and narrowing the facts and issues in dispute

• Any other matters as determined by the adjudicator.

4Where an applicant fails to attend the scheduled mediation, it impedes the efficient processing of the application. A Tribunal application is a legal proceeding initiated by the applicant, and the applicant bears responsibility for fulfilling the various requirements and participating in the various processes set out in the Tribunal’s Rules. Failure by an applicant to do so without reasonable explanation or excuse may result in the Tribunal treating the application as having been abandoned and taking no further steps to proceed with the application.

5The applicant has provided both a mailing address and an e-mail address for himself on the Application. The Tribunal shall send a copy of this decision to the applicant by both regular mail and e-mail.

6If the applicant wishes to continue this proceeding, he shall serve the respondents with, and file with the Tribunal, a letter addressed to the Registrar - Transition with an explanation for why he failed to attend the mediation and a clear statement that he wishes to continue this proceeding and will henceforth fulfil his responsibilities and participate in the processes required under the Rules. If such a letter is not received by the Tribunal by November 14, 2008, the Tribunal will treat this Application as having been abandoned and will take no further steps to proceed with the Application.

7I am not seized of this matter.