Gibson v. Ridgeview Restaurant, 2008 HRTO 318

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

Date: November 27, 2008

Citation: 2008 HRTO 318

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.