Postans v. Sears Canada, 2008 HRTO 251

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kristine Postans

Applicant

-and-

Sears Canada Inc.

Respondent

AND B E T W E E N:

Janice Nordal

Applicant

-and-

Sears Canada Inc.

Respondent

AND B E T W E E N:

Debra Baker

Applicant

-and-

Sears Canada Inc.

Respondent

AND B E T W E E N:

Maureen Malcolm

Applicant

-and-

Sears Canada Inc.

Respondent

AND B E T W E E N:

Gloria Gabrijelcic

Applicant

-and-

Sears Canada Inc.

Respondent

INTERIM DECISION

Adjudicator: David Muir

Date: November 12, 2008

Citation: 2008 HRTO 251

Indexed as: Postans v. Sears Canada

Human Rights Tribunal of Ontario

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E-mail hrto.registrar-transition@ontario.ca

Website www.hrto.ca

1These are five Applications under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The respondent to each Application is the same corporation. Responses (Form B) have not yet been filed and are due 35 days after receipt of an Application.

2The Applications all make the same claim: that the applicants have been discriminated in contract and employment on the basis of age and sex.

3The Tribunal’s Rules for Applications under section 53(3) of the Code are to be interpreted and applied in a way that ensures a fair, just and highly expeditious process for the determination of these Applications.

4These Applications involve similar facts and appear to raise similar legal issues. Accordingly, I find, pursuant to Rules 1.1, 4.1 and 4.3 (m), that in order to ensure a fair, just and highly expeditious process for their resolution, these Applications should proceed together for the purposes of mediation.

5In order to assist in scheduling the mediation expeditiously, all parties are requested to provide, within 10 days from the date of this decision, a list of available dates for mediation in January 2009.

6I am not seized of these matters.