Elizabeth Carlos v. 1174364 Ontario Ltd. and Manuel Ferreira, 2008 HRTO 296

Human Rights Tribunal of Ontario

B E T W E E N:

Elizabeth Carlos Applicant

-and-

1174364 Ontario Ltd. and Manuel Ferreira Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim Date: November 24, 2008 Citation: 2008 HRTO 296 Indexed as: Carlos v. 1174364 Ontario

APPEARANCES BY

Elizabeth Carlos, applicant ) Daniel A. Noronha 1174364 Ontario Ltd. and ) Manuel Ferreira, respondents ) Hugh R. Scher, Counsel

Reasons for Decision

1This is an Application filed August 11, 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 November 21, 2008 the Tribunal held a Case Resolution Conference to hear the oral submissions of the parties on whether to dismiss the Application under s. 45.1 or on the basis of abuse of process or issue estoppel in light of a decision of the Landlord and Tenant Board.

2I ruled orally that the motion to dismiss was denied. I will provide written reasons in a subsequent decision.

3The Tribunal will proceed to the next step in the process, which is to prepare for a case resolution conference in accordance with Rule 9.

4Accordingly, the parties are directed as follows:

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

5The Tribunal will contact the parties to set a date for the case resolution conference. 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.