Glover v. 571566 Ontario Inc., 2008 HRTO 252

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Ontario Human Rights Commission Complainant

-and-

571566 Ontario Inc. o/a Cadillac Tavern, 1528433 Ontario Ltd. c.o.b. Cadillac Tavern, Vladimir (a.k.a. Walter) Perin Sr., and Walter Perin Jr. Respondents

AND B E T W E E N:

Martha Glover Complainant

-and-

Ontario Human Rights Commission Commission

-and-

571566 Ontario Inc. o/a Cadillac Tavern, 1528433 Ontario Ltd. c.o.b. Cadillac Tavern, Vladimir (a.k.a. Walter) Perin Sr., and Walter Perin Jr. Respondents

INTERIM DECISION

Adjudicator: Ian Anderson Date: November 12, 2008 Citation: 2008 HRTO 252 Indexed as: Glover v. 571566 Ontario Inc.

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 Free1-800-424-1168 E-mail hrto.registrar-transition@ontario.ca Website www.hrto.ca

1Having regard to the letters dated November 5, 2008 from counsel for the Commission and counsel for the potential responding parties, and the letter dated November 6, 2008 from counsel for Ms. Glover, the Tribunal gives the following directions:

a. Ms. Glover shall have until November 17, 2008 to file any amendments she may wish to make to her submissions dated November 28, 2007, and to address the issues identified below.

b. The Commission, the respondents and the potential responding parties shall have until November 24, 2008 to file their responses to Ms. Glover’s submissions dated November 28, 2007, and any amendments thereto filed by November 17, 2008, and to address the issues identified below.

c. Ms. Glover shall have until December 1, 2008 to file reply to any responses filed.

d. The hearing will reconvene on December 5, 2008. The parties should come prepared to argue the following issues:

i. Whether the proposal by Ms. Glover to add the potential responding parties as respondents and to raise the allegations in her original complaint against the respondents are both precluded by the operation of section 53(8) of the Human Rights Code, R.S.O. 1990 c. H. 19 as amended (the “Code”).

ii. Ms. Glover’s production request (referenced in the November 4, 2008 decision of the Tribunal (2008 HRTO 225).

iii. The admissibility of Mr. Taylor’s evidence (referenced in the November 4, 2008 decision of the Tribunal (2008 HRTO 225).

iv. The duplication of counsel issue (referenced in the May 29, 2008 decision of the Tribunal (2008 HRTO 32).

e. The parties and potential responding parties shall be allocated the following amounts of time to make oral submissions to supplement the written submissions filed in accordance with this decision:

i. Ms. Glover 1.5 hours;

ii. The Commission 1.0 hour;

iii. The potential responding parties 1.0 hour;

iv. The respondents, 1.0 hour; and

v. Ms. Glover in reply, .5 hours.

f. The hearing on December 5, 2008 will be held in Toronto and will commence at 9:30 AM. Counsel for the respondents may attend by telephone should he choose. Should Ms. Glover, the respondents or the potential responding parties wish to participate by telephone they will be similarly accommodated.