HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Michael Christianson
Applicant
-and-
Information and Privacy Commissioner/Ontario
Respondent
INTERIM DECISION
Adjudicator: Brian Eyolfson
Indexed as: Christianson v. Ontario (Information and Privacy Commissioner)
Human Rights Tribunal of Ontario
655 Bay Street, 14^th^ Floor
Toronto ON M7A 2A3
Phone (416) 326-1312 / 1-866-598-0322 / Fax (416) 326-2199 / Toll Free1-866-355-6099
TTY (416) 314-2379 / 1-800-424-1168
E-mail hrto.registrar@ontario.ca
Website www.hrto.ca
1The applicant filed an Application on October 16, 2008, under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"), alleging discrimination in the area of goods, services and facilities on the basis of disability. The applicant also filed a Request to Expedite Proceedings (Form 14), pursuant to Rule 21 of the Tribunal's Rules of Procedure for Applications under Part IV of the Code (the "Rules"). The respondent did not respond to the Request to Expedite.
2Rule 21.1 provides that an applicant may request "that the Tribunal deal with an Application on an expedited basis in circumstances which require an urgent resolution of the issues in dispute". Rule 21.2 and Form 14 require that a request to expedite proceedings describe urgent circumstances that may affect the fair and just resolution of the merits of the application and the harm that would result if the request is denied. Further, in Weerawardane v. 2152458 Ontario Ltd., 2008 HRTO 53, the Tribunal held as follows, at paragraph 9:
For a request to expedite to be granted, the applicant must demonstrate that the circumstances are truly urgent, requiring the resolution of the human rights dispute in a particularly rapid manner as compared with the time required to complete the Tribunal's regular process.
3Having reviewed the materials filed, and in light of the Tribunal's Rules and the decision in Weerawardane referred to above, the request to expedite is denied. The circumstances are not so particularly urgent as to distinguish this Application from other cases before the Tribunal. I am not seized of this matter.
Dated at Toronto, this 5^th^ day of November, 2008.
"Signed by"
Brian Eyolfson
Vice-Chair
HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Michael Christianson
Applicant
-and-
Information and Privacy Commissioner/Ontario
Respondent
INTERIM DECISION
Adjudicator: Brian Eyolfson
Date: November 13, 2008
Citation: 2008 HRTO 234 (addendum)
Indexed as: Christianson v. Ontario (Information and Privacy
Commissioner)
Human Rights Tribunal of Ontario
655 Bay Street, 14^th^ Floor
Toronto ON M7A 2A3
Phone (416) 326-1312 / 1-866-598-0322 / Fax (416) 326-2199 / Toll Free1-866-355-6099
TTY (416) 314-2379 / 1-800-424-1168
E-mail hrto.registrar@ontario.ca
Website www.hrto.ca
4In an Interim Decision dismissing the applicant's Request to Expedite, Christianson v. Ontario (Information and Privacy Commissioner), 2008 HRTO 234, the Tribunal indicated that the respondent did not respond to the Request to Expedite. It was subsequently confirmed that the respondent did serve and file a timely Response opposing the request to expedite. However, through inadvertence, the Response was not provided to the Vice-Chair determining the issue. This did not affect the outcome of the decision.
5I am not seized of this matter.
Dated at Toronto, this 13^th^ day of November, 2008.
"Signed by"
Brian Eyolfson
Vice-Chair