Brown v. Loblaws Companies, 2008 HRTO 429

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Sheldon Brown

Applicant

-and-

Loblaws Companies Limited, Ben Mayhew, Tristan Vulencia, and Ray Thompson

Respondents

INTERIM DECISION

Adjudicator: David Muir

Date: December 31, 2008

Citation: 2008 HRTO 429

Indexed as: Brown v. Loblaws Companies

1This is an Application filed November 4, 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 mediation for February 6, 2009. The respondents filed a Response on November 20, 2008, declining to participate in mediation until the Tribunal dealt with their preliminary request.

2The respondents indicate that an arbitration proceeding concerning the same subject matter as the Application commenced in April 2008 and is ongoing.

3Section 45 of the Code permits the Tribunal to defer an application in accordance with the Tribunal’s Rules.

4The expectation is that most section 53(3) applications will be scheduled for mediation prior to the hearing and determination of preliminary matters. However, the Tribunal retains the discretion to control its process and will hear preliminary requests prior to the mediation in appropriate circumstances. Rule 4.1 provides that the Tribunal may exercise any of its powers under these Rules on its own initiative. Rule 4.3(d) provides that the Tribunal may determine and direct the order in which issues in a proceeding will be considered and determined.

5As a result, the Tribunal determines that it is appropriate to receive submissions with respect to whether, in the circumstances, this Application ought to be deferred pursuant to section 45 of the Code.

6The Tribunal makes the following Order:

a. The mediation scheduled for February 6, 2009 is cancelled.

b. Within 30 days of the date of this decision, the respondents shall deliver to the applicant and file with the Tribunal submissions on whether this Application ought to be deferred pending completion of the labour arbitration grievance. The respondents are directed to provide a copy of the grievance and any initial pleadings or written submissions regarding the subject matter of the grievance, and any other documents and case law on which they rely.

c. Within 20 days of receipt of the respondents’ submissions, the applicant shall deliver to the respondents and file with the Tribunal a Response to the respondents’ submissions, and any documents and case law on which they rely.

d. Within 10 days of receipt of the applicant’s submissions, the respondent may deliver and file a reply.

7The Tribunal may decide the preliminary issues on the basis of the written submissions. If oral submissions are required, the Tribunal will contact the parties to set a case resolution conference.

8I am not seized of this matter.