HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Dina Gagnon
Applicant
-and-
Donald Barrette
Respondent
INTERIM decision
Adjudicator: Ena Chadha
Indexed as: Gagnon v. Barrette
Human Rights Tribunal of Ontario 655 Bay Street, 14th 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
1This is an Application filed on September 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 employment on the basis of disability. In her Application, the applicant indicates a willingness to mediate.
2The respondent filed an incomplete Response on October 31, 2008. The Response does not include a summary of the facts and issues addressing the allegations, as required by question 9, did not directly answer question 14 regarding a willingness to try mediation, and did not list documents or witnesses as required by questions 15 - 19. In correspondence accompanying the Response, the respondent indicates that he is prepared to resolve the matter in writing because he is out of the country until mid-December.
3The Tribunal’s Rules of Procedure require a respondent to file a complete response except in the extraordinary circumstances described in Rule 8.2. Filing a complete response assists the parties to understand the issues and enables the Tribunal to process an application with a view to facilitating a fair, just and expeditious resolution.
4The respondent is directed to file a complete Response by December 31, 2008. The applicant may file a Reply in accordance with Rule 9 of the Tribunal’s Rules of Procedure.
5As both parties have indicated an interest in resolving the matter, the Registrar is directed to schedule a mediation date after receiving the Response and any Reply.
6I am not seized of this matter.
Dated at Toronto, this 14th day of November, 2008
“Signed by”
Ena Chadha
Vice-Chair