Gabriel Mirea v. Canadian National Exhibition, 2008 HRTO 337

Human Rights Tribunal of Ontario

B E T W E E N:

Gabriel Mirea

Applicant

-and-

Canadian National Exhibition, Jim McMillen and Pat Trajanovski

Respondents

INTERIM DECISION

Adjudicator: Jay Sengupta Date: December 2, 2008 Citation: 2008 HRTO 337 Indexed as: Mirea v. Canadian National Exhibition

Background

1This is an Application filed on August 11, 2008 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code"). The Application alleges reprisal or the threat of reprisal in the area of employment.

2The respondents have filed a Request for an Order pursuant to Rule 19 of the Tribunal's Rules of Procedure, asking that the Application be dismissed on the basis that the Tribunal lacks jurisdiction to hear the matters raised by the Application. Specifically, the respondents argue that the Application does not raise a violation of the Code.

3Although the covering letter from counsel for the respondents refers to the Request for an Order as "the response", a formal response under the Tribunal's Rules was not filed with the Tribunal. In addition, the respondents' submissions state:

Should the Tribunal deny the order requested, the Respondents reserve the right to provide further submissions on the substance of this Application.

4While the respondents have provided substantial narrative in the Request for an Order, the Tribunal's Rules of Procedure require a respondent to file a complete Response except in the extraordinary circumstances described in Rule 8.2. Those circumstances do not apply here. The filing of a complete Response will assist the parties in understanding the nature of the issues, and enable the Tribunal to make decisions on how to proceed with the Application with a view to facilitating its fair, just and expeditious resolution.

5The respondents are directed to file a complete Response within 20 days of this decision. The applicant may file a further reply, if she wishes, dealing only with new matters raised in the Response, not later than 14 days after receipt of the Response.

6The Tribunal will then make a decision on the Request for an Order filed by the respondents.

7I am not seized of this matter.