Human Rights Tribunal of Ontario
B E T W E E N:
Keith Ramoutar
Applicant
-and-
Toronto Community Housing Corporation
Respondent
INTERIM DECISION
Adjudicator: Kaye Joachim
Indexed as: Ramoutar v. Toronto (Community Housing)
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 5, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant requested that his application be processed expeditiously in light of his health condition. The respondents filed their Response on October 1, 2008. Mediation was held on October 3, 2008.
2The mediation was unsuccessful and the case resolution conference was scheduled for December 8 and 9, 2008.
3On November 12, 2008 the respondent wrote the Tribunal requesting that the case resolution conference be adjourned and deferred in light of parallel arbitration proceedings. In Ramoutar v. Toronto (Community Housing), 2008 HRTO 262, the Tribunal denied the adjournment request and directed that the respondent could raise the deferral issue at the start of the case resolution conference.
4On November 17, 2008 the respondent brought a motion to dismiss the Application on the basis it is outside the jurisdiction of the Tribunal and the Application fails to link any alleged events with a Code-protected right. The respondent asked that the motion be heard and determined prior to the case resolution conference.
5It appears to the Tribunal the motion, in effect, alleges a failure to establish a prima facie case. In these circumstances, the Tribunal is satisfied the most fair, just and expeditious procedure is to leave this matter to consideration by the adjudicator at the case resolution conference.
Dated at Toronto, this 21st day of November, 2008.
“Signed By”
Kaye Joachim
Alternate Chair