HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Gerald Stranget

Applicant

-and-

Toronto Transit Commission

Respondent

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: November 3, 2008

Citation: 2008 HRTO 211

Indexed as: Stranget v. Toronto Transit Commission

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

[1] This is an Application filed September 11, 2008 under section 53(3) of the Part IV of the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”). On October 20, 2008 the Tribunal scheduled a mediation for December 10, 2008.

[2] The original complaint filed with the Ontario Human Rights Commission only named the Toronto Transit Commission as a respondent. In his Application the applicant named Adam Giambrone as a personal respondent.

[3] Section 53(3) applications must be based on the “subject-matter of the complaint” originally filed at the Commission. The parties named in the original complaint are the parties to the Application. Thus, Adam Giambrone is not a party to the Application. Rule 5.15 provides that requests to add parties will only be considered in exceptional circumstances and the Tribunal ordinarily does not consider such requests at this stage of the proceedings.

[4] On October 28, 2008 the respondent advised it had not been served with a copy of the Application (Form A) or the Commission complaint. They also advised that they were not available to attend the mediation due to a previously scheduled commitment.

[5] In these circumstances, the mediation scheduled for December 10, 2008 is adjourned.

[6] The applicant is directed to deliver the Application (Form A) with the Commission complaint attached to the respondent’s counsel and to file a Statement of Delivery (Form C) confirming the delivery. The address for respondent’s counsel is contained in the revised contact information sheet issued by the Registrar and provided to the parties. This Application will not be processed further until the Tribunal receives confirmation of delivery of the Application.

Stranget v. Toronto Transit Commission, 2008 HRTO 211

Case Summary

HUMAN RIGHTS TRIBUNAL OF ONTARIO

[1] This is an Application filed September 11, 2008 under section 53(3) of the Part IV of the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”). On October 20, 2008 the Tribunal scheduled a mediation for December 10, 2008.

[2] The original complaint filed with the Ontario Human Rights Commission only named the Toronto Transit Commission as a respondent. In his Application the applicant named Adam Giambrone as a personal respondent.

[4] On October 28, 2008 the respondent advised it had not been served with a copy of the Application (Form A) or the Commission complaint. They also advised that they were not available to attend the mediation due to a previously scheduled commitment.

[5] In these circumstances, the mediation scheduled for December 10, 2008 is adjourned.

Dated at Toronto, this 3^rd day of November, 2008.

_________________________________________

Kaye Joachim

HUMAN RIGHTS TRIBUNAL OF ONTARIO

[1] This is an Application filed September 11, 2008 under section 53(3) of the Part IV of the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the “Code”). On October 20, 2008 the Tribunal scheduled a mediation for December 10, 2008.

[2] The original complaint filed with the Ontario Human Rights Commission only named the Toronto Transit Commission as a respondent. In his Application the applicant named Adam Giambrone as a personal respondent.

[4] On October 28, 2008 the respondent advised it had not been served with a copy of the Application (Form A) or the Commission complaint. They also advised that they were not available to attend the mediation due to a previously scheduled commitment.

[5] In these circumstances, the mediation scheduled for December 10, 2008 is adjourned.

Dated at Toronto, this 3rd day of November, 2008.

_________________________________________

Kaye Joachim

Dated at Toronto, this 3^rd day of November, 2008.