Cudmore v. Cap Products Ltd., 2008 HRTO 77

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Robert Cudmore

Applicant

-and-

Cap Products Ltd of Canada, Tom Costello and Brian Kiss

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim Date: September 17, 2008 Citation: 2008 HRTO 77 Indexed as: Cudmore v. Cap Products Ltd.

Human Rights Tribunal of Ontario 655 Bay Street, 14th Floor Toronto, ON M7A 2A3 Phone (416) 314-8419 / Fax (416) 314-8743 / Toll free 1-866-598-0322 TTY (416) 314-2379 / (toll free) 1-800-424-1168 E-mail HRTO.Registrar-Transition@ontario.ca Website www.hrto.ca

1This is an Application filed August 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”).

2The Tribunal scheduled a mediation for October 28, 2008, advising the parties that the date would only be changed for important reasons.

3The respondents have not yet filed their response (Form B) which is due 35 days after they received the applicant’s Application (Form A). However, the respondent did advise the Tribunal that they do not want to participate in the scheduled mediation.

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. 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.

5Where a respondent 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 that the respondent 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.

6In the circumstances of this case, and having regard to the Tribunal Guide and Section 53(3) Rules, the mediation scheduled for October 28, 2008 is 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.

7Accordingly, the parties are directed as follows:

a. Within 30 days following the date of this decision, the applicant shall deliver to the other parties 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 date of this decision, the respondent shall deliver to the other parties 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.

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.