Rebecca Stuckless v. Sarnia Bayfest and Michele Stokley, 2009 HRTO 1063

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Rebecca Stuckless

Applicant

-and-

Sarnia Bayfest and Michele Stokley

Respondents

INTERIM DECISION

Adjudicator: Michael Gottheil Date: July 17, 2009 Citation: 2009 HRTO 1063 Indexed as: Stuckless v. Sarnia Bayfest

1This is an Application alleging discrimination on the basis of sex in the provision of goods, services and facilities, contrary to the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant, who wished to attend a weekend music festival, states that she was required to purchase an additional ticket for her breastfeeding infant in order to be able to attend the event. The applicant filed a Request to Expedite the Application, on the basis the event she was seeking to attend was only days away.

2The Tribunal sent the Application and Request to Expedite to the respondents at the e-mail address provided by the applicant and requested a Response to the Request to Expedite (Form 15) by July 15, 2009. The Tribunal also issued a Notice scheduling a conference call with the parties on July 16, 2009.

3The Tribunal did not receive a Response to the Request to Expedite as required. Neither the applicant nor the respondents participated in the teleconference call. The Tribunal contacted the applicant, who indicated that she had not received notice of the conference call but in any event had been able to attend the event at issue by purchasing an additional ticket for her infant. The applicant indicated that she is now seeking compensation for the purchase of the additional ticket and a change in the respondents’ policy.

4In light of the information provided by the applicant, there no longer appears to be any urgency to the processing of the Application. As a result, the Request to Expedite is dismissed.

5The Notice of Application was sent to the respondents at the e-mail address provided by the applicant. However, as the respondents have not participated in the proceeding to date, there may be an issue as to whether they have received notice of the Application. No later than July 31, 2009, the applicant must provide a mailing address for the respondents or provide an explanation as to why she is unable to do so. If she is unable to provide a mailing address, she must indicate how she obtained the e-mail address for the respondents and whether she has successfully communicated with the respondents at the e-mail address provided.