Chorikov v. York Condominium Corporation No. 201, 2008 HRTO 307

Human Rights Tribunal of Ontario

Between:

Victor Chorikov Applicant

-and-

York Condominium Corporation No. 201 Respondent

And Between:

Nataliya Baydakova Applicant

-and-

York Condominium Corporation No. 201 Respondent

Interim Decision

Adjudicator: Kaye Joachim Date: November 26, 2008 Citation: 2008 HRTO 307 Indexed as: Chorikov v. York Condominium Corporation No. 201

Reasons for Decision

1These are two Applications filed August 21, 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 applicants are husband and wife who worked for the respondent, York Condominium Corporation No. 201. The applicants allege that the respondent and its property manager, the Chairman of its Board of Directors and his wife, Lana Salenkova, David Tartakovsky and Vella Tartakovksy respectively, discriminated against them within the meaning of the Code. None of these individuals is named as a respondent in the Application although they were named in the original complaint filed with the Ontario Human Rights Commission.

2On September 29, 2008, the respondent filed Responses to both Applications. The name of the respondent has been amended to reflect the name used by the respondent. Mediation held October 27, 2008, was unsuccessful. In an Interim Decision dated November 5, 2008 (2008 HRTO 229) the Tribunal decided that the Applications should proceed together.

3A case resolution conference was scheduled for April 2009 and the dates for exchanging and filing material were set as follows:

Applicants: November 26, 2008 Respondent: March 26, 2009

4These dates are considerably beyond the dates contemplated by Rule 9 of the Rules Governing Section 53(3) Applications which would ordinarily be set 30 days after the mediation (for applicants) and 45 days after the mediation (for respondents). The dates were extended because counsel for the respondent advised that Ms. Tartakovsky had been hospitalized on October 25, 2008 with a potentially fatal condition.

5On November 20, 2008 the applicants wrote to the Tribunal requesting that the disclosure and production deadlines scheduled be revised. The applicants advised that they personally witnessed Ms. Tartakovsky in apparent good health, distributing Halloween candy, on October 31, 2008.

6The applicants have raised a serious issue which should be addressed at this stage of the proceedings. In addition, there is an issue whether Ms. Salenkova, Mr. Tartakovsky and/or Ms. Tartakovksy ought to be added as personal respondents to Applications.

7Accordingly, the Tribunal makes the following case management orders:

• The respondent shall, within 10 days of the date of this decision, file its written submissions in response to the applicants' assertions that Ms. Tartakovsky was in apparent good health and distributing Halloween candy on October 31, 2008 and why the Tribunal should not amend the March 26, 2009 date for filing disclosure. In particular, the respondent is directed to provide the date and duration of Ms. Tartakovsky's hospitalization (with documentary support if desired).
• If the applicants wish to add any or all of Ms. Salenkova, Mr. Tartakovsky and/or Ms. Tartakovsky as personal respondents to the Applications they shall deliver a copy of the Applications to those individuals they wish to add as respondents together with written submissions explaining why they should be added at this stage of the proceedings and file Statements of Delivery (Form C) and a copy of the submissions with the Tribunal no later than 10 days after the date of this decision.
• If Ms. Salenkova, Mr. Tartakovsky and/or Ms. Tartakovsky is served with the Applications and the applicants' submissions, he or she shall provide written submissions in response to the request to add them as parties to the applicants, respondent, and to each other, and file those submissions with Statements of Delivery with the Tribunal no later than 10 days after receiving the Applications.

8Upon receipt of the written submissions, the Tribunal will determine the following issues:

• Where the applicants request, whether any or all of Ms. Salenkova, Mr. Tartakovsky or Ms. Tartakovsky should be added as respondents;
• Whether the deadlines for the respondent to file pleadings and make disclosure should be changed to an earlier date;
• Whether the case resolution conference should be changed to an earlier date than April 2009.

9If any person or party requests an opportunity to call evidence on the above issues, they shall provide the Tribunal, within 10 days of the receipt of this decision, with a brief description of the evidence to be called and of their availability to attend a half-day case resolution conference in January 2009 between 9:30 to 12:30 or 1:30 to 4:30.

10The Tribunal may schedule a case resolution conference to address these preliminary issues, or may determine them on the basis of the written submissions received.

11A copy of this decision shall be provided to Ms. Salenkova, and Mr. and Ms. Tartakovsky, care of the respondent.

12Each party and each of Ms. Salenkova and Mr. and Ms. Tartakovsky are directed to copy every other party and each other on written correspondence to the Tribunal.