HUMAN RIGHTS TRIBUNAL OF ONTARIO
B E T W E E N:
Dave Mornix
Applicant
-and-
Sutherland Global Services ULC, Graeme Dick, Nicole Walker, Lisa Petingalo, Liza Scobie, Tim Hodgkinson, Yvette Bell, Kelli Williamson, Kara Lewis, Amanda Grandinetti, and Kevin Coneybeare
Respondents
INTERIM DECISION
Adjudicator: Brian Cook
Indexed as: Mornix v. Sutherland Global Services
Reasons for Decision
1The applicant filed an Application under s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended, (the "Code"), on July 3, 3008.
2The applicant named his previous employer (the "corporate respondent") and ten individuals who were his co-workers (the "personal respondents") as respondents.
3On August 19, 2008, the Tribunal issued a Notice of Application and delivered the Application to the respondents at the business address of the corporate respondent.
4Responses were filed by counsel on behalf of the corporate respondent and eight of the personal respondents. Counsel advised that he is not representing the other two personal respondents because they are no longer employed by the corporate respondent.
5On September 30, 2008, the Tribunal issued a Notice of Application to Kelli Williamson and Kevin Coneybeare, the two unrepresented personal respondents, at the addresses provided by the corporate respondent.
6On October 27, 2008, Kelli Williamson filed a Response with the Tribunal. The Response included the first page of the Tribunal's Response form and a handwritten letter from the personal respondent. On November 27, 2008, the Tribunal advised Ms. Williamson that her Response could not be accepted because it was incomplete. She was asked to provide a complete Response by December 17, 2008.
7To date, no Response has been received from Mr. Coneybeare, the other unrepresented personal respondent.
8The applicant and all the other parties who have responded have indicated that they are prepared to participate in mediation.
9In my view, the Application and the Responses that have been filed provide sufficient information to allow mediation to proceed. The Registrar will schedule a mediation as soon as possible.
10Notice of the mediation will be provided to all the respondents. Ms. Williamson and Mr. Coneybeare are reminded that where a complete Response is not filed, the Tribunal's Rule 5.5 provides that a non-responding respondent may be deemed to have accepted all the facts in the Application and to have waived all rights to further notice or participation in the proceeding.
Dated at Toronto, this 19th day of December, 2008.
"Signed By"
Brian Cook
Vice-Chair