Marilyn McMillan v. Bruce Condominium Corporation No. 6, 2008 HRTO 440

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Marilyn McMillan

Applicant

-and-

Bruce Condominium Corporation No. 6

Respondent

INTERIM DECISION

Adjudicator: Brian Cook

Date: December 30, 2008

Citation: 2008 HRTO 440

Indexed as: McMillan v. Bruce Condominium Corporation No. 6

1This is an Application filed on September 12, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). On November 6, 2008 the Tribunal scheduled a mediation for December 16, 2008. On December 2, 2008 the respondent filed a Response. A covering letter sent with the Response advised that the respondent refused to participate in the mediation.

2The 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.

3Where 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.

4In the circumstances of this case, and having regard to the Tribunal's Section 53(3) Rules, the mediation scheduled for December 16, 2008 has been cancelled. 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.

5Accordingly, the parties are directed as follows:

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

b. 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 to the applicant a copy of all arguably relevant documents in the respondent's possession, except where privilege is claimed.

6The 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.