HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Leonard Reece
Applicant
-and-
JD Griffin Centre, Lynn Crawford, Diane Broad and Winifred Coddett
Respondents
INTERIM DECISION
Adjudicator: Kaye Joachim
Date: November 5, 2008
Citation: 2008 HRTO 232
Indexed as: Reece v. JD Griffin Centre
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 15, 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 7, 2008 the Tribunal scheduled a mediation for November 18, 2008. On October 10, 2008 the respondents’ counsel requested an adjournment of the scheduled mediation on the basis that one of the respondents was out of the country. On October 27, 2008 the respondents filed their Response.
2The Tribunal contacted the applicant to seek alternate dates for a mediation and the applicant refused to agree to adjourn the mediation or offer alternative dates.
3One party cannot unilaterally insist on proceeding to mediation on a date when another party is legitimately unavailable.
4In the circumstances of this case, and in light of the unavailability of one of the named respondents, the mediation scheduled for November 18, 2008 is cancelled. If the applicant wishes to reschedule the mediation, he shall advise the Tribunal and the other parties in writing within 10 days of the date of this decision. If the applicant does not wish to reschedule the mediation, he shall advise the Tribunal and the other parties in writing within 10 days of the date of this decision, in which case the Tribunal will proceed to the next step in the process, which is to prepare for a case resolution conference (hearing) in accordance with Rule 9.
5The Tribunal will not process this Application further until the applicant has indicated his intentions above.
Dated at Toronto, this 5th day of November, 2008.
“Signed By”
Kaye Joachim
Alternate Chair