Kaj v. Orsini Bros. Inns, 2008 HRTO 240

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Joanne Kaj

Applicant

-and-

Orsini Bros. Inns Inc. o/a Doubletree Resort Lodge & Spa, Robert Orsini and Jennifer Hipwell

Respondents

INTERIM DECISION

Adjudicator: David Muir Date: November 7, 2008 Citation: 2008 HRTO 240 Indexed as: Kaj v. Orsini Bros. Inns

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 October 3, 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 20, 2008 the Tribunal scheduled a mediation for December 12, 2008. The respondents filed their Response on October 14th, 2008.

2On November 1, 2008 the respondents wrote the Tribunal refusing to participate in the mediation.

3The Tribunal's Rules of Procedure for applications under Section 53(3) of the Human Rights Code (Section 53(3) Rules) and 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 December 12, 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.

5The respondents have requested documents from the applicant. Rule 9.3 requires that the parties deliver to each other a copy of all arguably relevant documents in their possession. Rule 4.3 (j) allows the Tribunal to order a party or other person to produce documents to ensure the fair, just and highly expeditious resolution of an application. If there are particular documents that a party wishes to have produced prior to the case resolution conference, those requests should be made directly to the party or other person who is in possession of the documents. If a dispute arises regarding the production of documents the party seeking to have documents produced may write to the Tribunal which will resolve the dispute.

6Accordingly, 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.

7Within 10 days of receipt of this decision the parties are directed to provide the Registrar-Transition with their available dates between February 1 and mid-March 2009 for a two day case resolution conference.