HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Brenda Fleet

Applicant

-and-

Matrix Logistics Services Ltd., Ted Smith and Walter Hurdick

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim
Date: August 25, 2008
Citation: 2008 HRTO 60
Indexed as: Fleet v. Matrix Logistics Services Ltd.

Human Rights Tribunal of Ontario
655 Bay Street, 14th Floor
Toronto ON M7A 2C7
Phone (416) 326-1312 / 1-866-598-0322 Fax (416) 326-2199 / 1-866-355-6099
TTY (416) 314-2379 / 1-800-424-1168
E-mail hrto.registrar@ontario.ca
Website www.hrto.ca

[1] This is an application filed August 17, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

[2] The Tribunal has scheduled a mediation for October 21, 2008. Pursuant to the Tribunal's rules, the respondent's response is due thirty-five days after receiving the application.

[3] The applicant has also filed a request for an interim remedy. The remedy requested is to have her case dealt with in an "expedited" manner. The basis for the request is that she originally filed her complaint with the Ontario Human Rights Commission over four years ago.

[4] The Tribunal is committed to the fair, just and expeditious resolution of the merits of all section 53(3) applications and its section 53(3) process is designed for timely resolution of all applications. Upon receipt of a completed section 53(3) application, the Tribunal immediately sets a date for mediation. At this time, the time between the filing of the application and the mediation is approximately two months. A respondent must file a complete response within 35 days. If mediation is unsuccessful, the application will be scheduled for a case resolution conference.

[5] Although the Tribunal Rules governing section 53(3) applications do not specifically provide a process to request a "faster" process, the Tribunal has the discretion to shorten any time limit (Rule 4.3 (a)) and take any other action that the Tribunal determines is appropriate (Rule 4.3 (m)) to ensure the fair, just and highly expeditious resolution of a section 53(3) application. The Tribunal will determine on a case-by-case basis what changes, if any, are necessary to its (already highly expeditious) processes.

[6] The Tribunal must determine whether the circumstances of this case require an urgent resolution of the dispute. As stated earlier, the basis for the request for a "faster" process is the fact that over four years have passed since the filing of the applicant's original complaint, and that the applicant alleges that she has suffered financial hardship as a result of an allegedly discriminatory termination of employment.

[7] For a request to expedite to be granted, the applicant must demonstrate that the circumstances are truly urgent, requiring the resolution of the human rights dispute in a particularly rapid manner as compared with the time required to complete the Tribunal's already highly expeditious process. While the applicant's frustration at the length of time taken to address her original complaint is understandable, I find that there are no particular indications of urgency in this case to justify taking any steps to expedite this complaint, in light of the mediation set for October 21, 2008.

[8] Therefore, the request to expedite is denied.

Dated at Toronto, this 25th day of August, 2008.

"Signed by"

___________________________________

Kaye Joachim

Alternate Chair