HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Steve Gibson
Complainant
-and-
Ontario Human Rights Commission
Commission
-and-
Ridgeview Restaurant Limited o/a Gator Ted’s Tap & Grill and Ted Kindos
Respondents
AND B E T W E E N:
Marko Ivancicevic
Applicant
-and-
Her Majesty the Queen in Right of Ontario as represented by the Minister of Government Services and the Alcohol and Gaming Commission of Ontario
Respondents
INTERIM DECISION
Adjudicator: Brian Eyolfson
Indexed as: Gibson v. Ridgeview Restaurant
WRITTEN SUBMISSIONS BY
Marko Ivancicevic, Applicant ) M. Kate Stephenson, ) Counsel
Ontario Human Rights Commission ) Anthony D. Griffin, ) Counsel
Her Majesty the Queen in Right of Ontario ) S. Zachary Green, as represented by the Minister of Government ) Counsel Services and the Alcohol and Gaming ) Commission of Ontario )
1This interim decision addresses whether or not an application filed with the Tribunal under section 34 of the new Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), and a complaint referred to the Tribunal by the Ontario Human Rights Commission (the “Commission”) under the old Code, should be heard together. Both matters allege discrimination in the area of services on the basis of disability and include allegations involving the smoking of medical marihuana.
2As the two proceedings appear to raise similar issues of fact and law, the Tribunal sought submissions from all parties on whether both proceedings should be heard together.
3Both the applicant and the Commission submit that these proceedings should not be heard together. The respondents to the Application take no position on this issue. The remaining parties did not provide submissions.
4In the present circumstances, the Tribunal declines to order that these proceedings be heard together.
Dated at Toronto, this 27^th^ day of November, 2008.
“Signed by”
Brian Eyolfson
Vice-Chair