HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Glenn Michael Cymbalisty
Applicant
-and-
Wal-Mart Canada Corporation
Respondent
INTERIM decision
Adjudicator: Brian Cook
Indexed as: Cymbalisty v. Wal-Mart Canada
1The applicant filed an Application under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended, (the “Code”) on August 29, 2008.
2A previous interim decision, Cymbalisty v. Wal-Mart Canada, 2008 HRTO 242, dealt with the respondent’s failure to file a Response by the deadline set in accordance with the Tribunal’s Rules. The respondent was advised that if it wished to participate in the proceeding, it must file a Response by November 17, 2008, together with an explanation of why the Response was not filed in accordance with the September 11, 2008 Notice. A Response was received on November 17, 2008.
3The Tribunal will accept the Response and process the Application, subject to the applicant’s right to raise prejudice in relation to the late filing.
4Although the applicant did not file a Request to Expedite, his counsel has asked that the matter be dealt with on an urgent basis because of the applicant’s health and financial situation. Both parties have expressed a willingness to participate in mediation. The Registrar is directed to schedule a mediation session on an expedited basis.
Dated at Toronto, this 2nd day of December, 2008.
“Signed by”
Brian Cook
Vice-Chair