HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Rajeshwar Kumar
Applicant
-and-
Train Trailer Rentals Limited and Rob Nadon
Respondents
INTERIM DECISION
Adjudicator: Kaye Joachim
Date: November 17, 2008
Citation: 2008 HRTO 273
Indexed as: Kumar v. Train Trailer Rentals
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
[1] This is an Application filed September 18, 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 September 25, 2008 the Tribunal scheduled a mediation for November 18, 2008. The Tribunal’s Notice of Mediation specifically directed the parties to advise the Tribunal within 10 days if a party is not available for mediation on the scheduled date. On October 29, 2008 the respondents filed their Response to the Application.
[2] On Friday November 14, 2008 at 4:27 p.m. the respondents wrote to the Tribunal refusing to participate in the mediation scheduled for Tuesday November 18, 2008.
[3] The 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.
[4] Where 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.
[5] In light of the extremely late nature of the respondents’ decision not to participate in mediation, I am satisfied that it would be fair, just and expeditious to require the parties to attend at the date and time scheduled for mediation, for the purpose of case management. The parties should be prepared to: confirm the dates for the exchange of any additional statements of facts and disclosure of documents, set a date for the case resolution conference, identify preliminary issues, if any, and address any other matter which will assist a fair, just and expeditious process.
[6] Accordingly the Tribunal orders the parties to attend a case management meeting on Tuesday November 18, 2008 commencing at 9.30 am at 655 Bay Street, 14th Floor, Toronto.
[7] Should the parties fail to attend the scheduled case management meeting, the Tribunal may, in accordance with Rule 5.13, proceed in their absence or take any other action it considers appropriate.
Dated at Toronto, this 17th day of November, 2008.
“Signed by”
_________________________________________
Kaye Joachim
Alternate Chair