McPherson v. Hiuser, 2008 HRTO 397

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lloyd McPherson

Applicant

-and-

Jim Hiuser

Respondent

INTERIM DECISION

Adjudicator: David Muir

Date: December 15, 2008

Citation: 2008 HRTO 397

Indexed as: McPherson v. Hiuser

1This is an Application filed September 29, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Tribunal scheduled a mediation for November 26, 2008.

2In a prior Interim Decision (2008 HRTO 164) the Tribunal made the following case management directions:

The applicant has provided an address for the respondent. The Tribunal shall send a copy of this decision to the respondent by courier.

If the respondent wishes to participate in this proceeding, he shall file a response by November 3, 2008. If a response is received by that date the mediation should proceed as scheduled. If a response is not received the Tribunal may proceed without further notice to the respondent, and may take any or all of the other steps set out in Rule 3.2.

3A Response was delivered to the Tribunal on October 26, 2008. However there is no indication that the Response was delivered to the applicant as required by Rule 7.2.

4Neither party attended the scheduled mediation.

5In the circumstances of this case, 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.

6Accordingly, the parties are directed as follows:

a. The respondent shall deliver a copy of his Response to the applicant within 10 days of this decision. Failing to do so may result in further case management direction from the Tribunal.

b. Within 40 days following the date of this decision, the applicant shall deliver to the respondent(s) 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 respondent(s) a copy of all arguably relevant documents in the applicant’s possession, except where privilege is claimed.

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

7The Tribunal will contact the parties to set a date for a one day case resolution conference.

8I am not seized of this matter.