Eli Schafer v. Toronto District School Board, 2008 HRTO 427

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Eli Schafer by his Litigation Guardian Reva Schafer

Applicant

-and-

Toronto District School Board, Government of Ontario (Ministry of Education), Gerry Connelly, Sheila Ward, Georgina Balascas, Deb Massey, Rick Tarasuk and Kathleen Wynne

Respondents

INTERIM DECISION

Adjudicator: Mark Hart Date: December 23, 2008 Citation: 2008 HRTO 427 Indexed as: Schafer v. Toronto District School Board

1This is an Application dated October 31, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2On December 1, 2008, the applicant's litigation guardian wrote the Tribunal stating that the applicant did not wish to participate in mediation.

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 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. Within 30 days following the filing of the respondents' response to the application (Form B), 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 45 days following the filing of the respondents' response to the application (Form B), the respondents shall deliver to each other and 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 each other and 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 20 days of receipt of this decision of their availability for a two day case resolution conference during the weeks of April 6, 2009 and April 13, 2009.

8The Tribunal will contact the parties to set a date for the case resolution conference. 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.