Thomas Glen Currie v. Medical Pharmacies Group Inc., 2008 HRTO 284

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Thomas Glen Currie Applicant

-and-

Medical Pharmacies Group Inc. Respondent

INTERIM DECISION

Adjudicator: David Muir Date: November 19, 2008 Citation: 2008 HRTO 284 Indexed as: Currie v. Medical Pharmacies Group

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 September 15, 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 23, 2008 the Tribunal scheduled a mediation for November 19, 2008. On October 27, 2008 the respondent filed its Response.

2On November 18, 2008 the respondent 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 the Tribunal’s 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.

5In the circumstances of this case, and having regard to the Tribunal’s Section 53(3) Rules, the mediation scheduled for November 19, 2008 is 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.

6Accordingly, the parties are directed as follows:

a. Within 30 days following the date of this decision, the applicant shall deliver to the respondent 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 respondent 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 respondent shall deliver to the applicant and file with the Tribunal a statement of any additional facts the respondent will rely upon and the respondent’s position with respect to the requested remedies. In addition, the respondent must deliver to the applicant a copy of all arguably relevant documents in the respondent‘s possession, except where privilege is claimed.

7In order to assist in scheduling the case resolution conference expeditiously, the parties are requested to provide, within 10 days from the date of this decision, a list of their available dates for a two day case resolution conference in February and/or March 2009. The parties are reminded that the Section 53(3) Rules contemplate that applications under section 53(3) of the Code be dealt with in an expedited manner.