Hwang v. Cinnamon Grove Café & Deli, 2008 HRTO 393

Human Rights Tribunal of Ontario

B E T W E E N:

Hwasoon Hwang Applicant

-and-

The Cinnamon Grove Café & Deli, Lou Mouzakis and Adriana Rossi Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim Date: December 12, 2008 Citation: 2008 HRTO 393 Indexed as: Hwang v. Cinnamon Grove Café & Deli

Reasons for Decision

1This is an Application filed October 3, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). On November 11, 2008 the respondents filed their Response. Mediation was scheduled for January 30, 2008.

2All parties have agreed to waive the mediation process and request that this Application proceed to the next stage.

3The Tribunal's Rules of Procedure for Applications under Section 53(3) of the Human Rights Code (Section 53(3) Rules) and the Tribunal's Guide to Section 53(3) Applications, contemplate that the first step in a section 53(3) application is mediation. If mediation is unsuccessful, the mediator will assist the parties to complete a case management checklist (Rule 8) and the application proceeds to a case resolution conference in accordance with Rule 9.1.

4Where a party refuses to attend the mediation, it may impede the efficient processing of the application, in which case the Tribunal may, in its discretion, issue a case management direction (Rule 5.14) directing the parties to attend at the Tribunal to complete the matters identified in the case management checklist. In this case, however, I am satisfied the application can be processed expeditiously without requiring such attendance.

5In the circumstances of this case, and having regard to the Tribunal's Section 53(3) Rules, the mediation scheduled for January 30, 2009 is cancelled. The Tribunal will proceed to the next step in the process, which is to prepare for a case resolution conference in accordance with Rule 9. I have extended the deadlines to account for the statutory holidays occurring in December 2008 and January 2009.

6Accordingly, the parties are directed as follows:

a. Within 40 days following the date of this decision, the applicant shall deliver to the respondents and file with the Tribunal, a statement of any additional facts the applicant intends to rely upon and a description of the remedies sought. In addition, the applicant shall deliver to the respondents a copy of all arguably relevant documents in the applicant's possession, except where privilege is claimed.

b. Within 55 days following the date of this decision, the respondents shall deliver to the applicant and file with the Tribunal a statement of any additional facts the respondents will rely upon and the respondents' position with respect to the requested remedies. In addition, the respondents must deliver to the applicant a copy of all arguably relevant documents in the respondents' possession, except where privilege is claimed.

7The parties are directed to advise the Transition-Registrar within 10 days of receipt of this decision of their availability for a two day case resolution conference during the weeks beginning February 23, March 2, or March 9, 2009. The parties are reminded that the Section 53(3) Rules contemplate that applications under section 53(3) of the Code be dealt with in an expedited manner.