Green v. Ontario Healthy Communities Coalition, 2008 HRTO 226

Human Rights Tribunal of Ontario

B E T W E E N:

Tricia Green

Applicant

-and-

Ontario Healthy Communities Coalition and Lorna Heidenham

Respondents

INTERIM DECISION

Adjudicator: David Muir

Date: November 5, 2008

Citation: 2008 HRTO 226

Indexed as: Green v. Ontario Healthy Communities Coalition

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 30, 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 8, 2008. The respondents have not yet filed their Response which is due 35 days after receipt of the Application.

2On October 31, 2008 the respondents wrote the Tribunal refusing to participate in the mediation on the basis that the parties have already exhausted all reasonable efforts to settle.

3The 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 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.

4Where 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. In the circumstances of this case, and having regard to the Tribunal's Rules, the mediation scheduled for October 28, 2008 has been 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.

5Accordingly, the parties are directed as follows:

a. Within 30 days following the date of this decision, 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.

b. Within 45 days following the date of this decision, the respondents shall deliver to each other and 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 each other and to the applicant a copy of all arguably relevant documents in the respondents' possession, except where privilege is claimed.

6Within 10 days of receipt of this decision the parties are directed to provide the Registrar-Transition with their available dates between January 26 and 30; February 2 and 6 or February 9 and 13, 2009 for a two day case resolution conference.