HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Isidoro Mayta
Applicant
-and-
Canada Lands Company, CLC Limited, 360 Restaurant and Doris Bradley
Respondents
AND BETWEEN:
Isidoro Mayta
Applicant
-and-
Canadian Auto Workers (Canada) Local 4271
Respondent
INTERIM DECISION
Adjudicator: David Muir
Indexed as: Mayta v. Canada Lands
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
[1] These are two Applications filed on October 16, 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 respondents have not yet filed their Responses (Form B) which are due 35 days after they received the Application (Form A).
[2] The Applications are briefly summarized as follows:
T-0370-08: The applicant alleges discrimination in employment by the respondents on the basis of disability, ethnic origin and race in that the respondents did not accommodate his disability to the point of undue hardship and terminated him because of his disability, ethnic origin and race.
T-0371-08: The applicant alleges discrimination in employment by the respondents, the Canadian Auto Workers, in the manner in which it represented the applicant in his efforts to secure appropriate accommodation for his disability from his employer as well as after his termination from employment.
3The Tribunal’s Rules for applications under section 53(3) of the Code are to be interpreted and applied in a way that ensures a fair, just and highly expeditious process for the determination of these applications.
4These Applications involve similar facts and appear to raise similar legal issues. Accordingly, I find, pursuant to Rules 1.1, 4.1 and 4.3 (m), that in order to ensure a fair, just and highly expeditious process for their resolution, these Applications should proceed together for the purposes of mediation.
5In order to assist in scheduling the mediation expeditiously, all parties are requested to provide the Registrar-Transition, within 10 days from the date of this decision, with a list of available dates for mediation between November 24 and December 15, 2008.
[6] I am not seized of these matters.
Dated at Toronto, this 27th day of October, 2008.
“Signed by”
David Muir
Vice-Chair