Hans Harry der von Felix v. C.R. Laurence of Canada (Ontario) and Gavin Brin, 2008 HRTO 428

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Hans Harry der von Felix

Applicant

-and-

C.R. Laurence of Canada (Ontario) and Gavin Brin

Respondents

INTERIM DECISION

Adjudicator: Mark Hart

Date: December 23, 2008

Citation: 2008 HRTO 428

Indexed as: Felix v. C.R. Laurence of Canada (Ontario)

1This is an Application dated October 8, 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 purpose of this interim decision is to address the applicant’s failure to attend the mediation.

2On October 27, 2008 the Tribunal sent a notice to the parties confirming receipt of this Application. On this same date, the Tribunal also sent a notice scheduling a mediation for December 16, 2008. The notice of mediation expressly states that if any party is unable to attend the mediation, they are to contact the Registrar – Transition within 10 days to re-schedule the date. Both notices were sent to the applicant at the mailing address provided by him on the Application.

3The Tribunal does not have any record of being contacted by the applicant to say that he was unable to attend on the scheduled date or to request that the date be re-scheduled. While the mediation was attended by the respondents, the applicant failed to attend. The assigned mediator contacted the applicant on the day of the mediation, and the applicant stated that he had sent an e-mail to the Tribunal indicating that he would not participate in the mediation. There is no record of any such e-mail being received by the Tribunal.

4The 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 a mediation. As indicated in the Tribunal’s Guide, if mediation is unsuccessful or if the parties aren’t willing to discuss resolution, the mediator will utilize the allotted time to ensure that the parties are ready to proceed to the case resolution conference by assisting the parties to complete a case management checklist (Rule 8.4) before the application proceeds to a case resolution conference. The case management checklist includes such things as:

• Identification of witnesses;

• Identification of documents required, if any;

• Canvassing dates for a case resolution conference;

• Where possible, identifying and narrowing the facts and issues in dispute;

• Any other matters as determined by the adjudicator.

5Where an applicant fails to attend the scheduled mediation, it impedes the efficient processing of the application. A Tribunal application is a legal proceeding initiated by the applicant, and the applicant bears responsibility for fulfilling the various requirements and participating in the various processes set out in the Tribunal’s Rules. Failure by an applicant to do so without reasonable explanation or excuse may result in the Tribunal treating the application as having been abandoned and taking no further steps to proceed with the application.

6If the applicant wishes to continue this proceeding, he shall serve the respondents with, and file with the Tribunal, a letter addressed to the Registrar - Transition with an explanation for why he failed to attend the mediation, a copy of the e-mail that he states that he sent to the Tribunal (or an explanation as to why no such e-mail exists) and a clear statement that he wishes to continue this proceeding and will henceforth fulfil his responsibilities and participate in the processes required under the Rules. If such a letter is not received by the Tribunal by January 9, 2009, the Tribunal will treat this Application as having been abandoned and will take no further steps to proceed with the Application.

7I am not seized of this matter.