Dann v. Coombs, 2008 HRTO 345

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Mary-Jane Dann Applicant

-and-

Kim Coombs Respondent

AND B E T W E E N:

Mary-Jane Dann Applicant

-and-

Chad Collins Respondent

INTERIM DECISION

Adjudicator: Ena Chadha Date: December 3, 2008 Citation: 2008 HRTO 345 Indexed as: Dann v. Coombs

1The applicant filed two Applications with the Tribunal on August 19, 2008 pursuant to section 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant alleges discrimination and reprisal and/or threat of reprisal in the areas of housing, goods, services and facilities on the basis of race, sex, sexual orientation and receipt of public assistance.

2Chad Collins is the respondent in Tribunal file 2008-00232-I (the “Collins file”). Kim Coombs is the respondent in Tribunal file 2008-00233-I (the “Coombs file”).

3The respondent in the Coombs file requests the Application be dismissed under section 45.1 of the Code on the basis that the Landlord and Tenant Board has appropriately dealt with the substance of that Application.

4In accordance with section 45.1 of the Code and Rule 22 of the Tribunal’s Rules of Procedure, unless the parties consent to waive their right to oral submissions, the parties are entitled to an opportunity to make oral submissions before the Tribunal regarding the preliminary issue of early dismissal.

5Parties in both Applications have indicated a willingness to engage in mediation. At this time, mediation in the Collins file is scheduled for January 9, 2009.

6Rule 1.7(d) of the Tribunal’s Rules of Procedure states that, in order to provide for the fair, just and expeditious resolution of any matter before it, the Tribunal may consolidate or hear applications together. Given the common facts, similar issues and overlapping interests present in the two Applications, I am satisfied that proceeding together for the purposes of mediation may facilitate a fair and expeditious resolution of the issues in the Applications.

7In light of the parties’ interest in mediation, it is appears appropriate to defer dealing with the Request for Early Dismissal in the Coombs file until after the mediation. As such, this matter is referred to the Registrar to canvass whether the parties in the Coombs files are available to attend mediation on January 9, 2009. If they are unavailable, the Registrar is directed to canvass parties in both Applications for an alternate mutually agreeable date.

8If the mediation is unsuccessful, the Tribunal will consider the Request for Early Dismissal and may also seek submissions regarding the whether or not these Applications should be heard together.

9I am not seized of this matter.