HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Althea Francis

Applicant

-and-

Fermar Paving Limited and Chris Macri

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: November 4, 2008

Citation: 2008 HRTO 224

Indexed as: Francis v. Fermar Paving

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] This is an Application filed October 6, 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 17, 2008 the Tribunal scheduled a mediation for December 9, 2008.

[2] On October 30, 2008 the respondent wrote the Tribunal refusing to participate in the mediation and advising that it would be providing its Response (Form B) shortly. The respondent has 35 days after the receipt of the Application to file its Response.

[3] The Tribunal's Rules of Procedure for Applications under Section 53(3) of the Human Rights Code (Section 53(3) Rules) and the Guide to Section 53(3) Applications, contemplate that the first step in a section 53(3) application is a 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.

[4] Where 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.

[5] The mediation scheduled for December 9, 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.

[6] Accordingly, the parties are directed as follows:

a. Within 35 days of receipt of the Application (Form A), the respondents shall file their Response (Form B).

b. Within 30 days of receipt of the respondents' Response (Form B) the applicant shall deliver to the respondents 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.

c. Within 45 days following the filing of its response, or 15 days following receipt of the applicant's statement of additional facts, if any, the respondents shall deliver to the applicant and file with the Tribunal a statement of any additional facts the respondents will rely upon and the respondents' position with respect to the requested remedies. In addition, the respondents must deliver to the applicant a copy of all arguably relevant documents in the respondents' possession, except where privilege is claimed.

[7] The 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.

Dated at Toronto, this 4th day of November, 2008.

"Signed by"

Kaye Joachim

Alternate Chair