Lebert Alladice v. Honda of Canada Mfg., 2009 HRTO 1344

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lebert Alladice Applicant

-and-

Honda of Canada Mfg. Respondent

INTERIM DECISION

Adjudicator: Kaye Joachim Date: August 28, 2009 Citation: 2009 HRTO 1344 Indexed as: Alladice v. Honda of Canada

1This is an Application filed January 16, 2090 under section 53(3) of Part VI of the Ontario Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Hearing in this matter is scheduled to proceed on November 2, 2009.

2The purpose of this Interim Decision is to address the respondent’s request that the applicant undergo a psychiatric evaluation to confirm his capacity to represent himself, or in the alternative, a stay of proceedings until the applicant present confirmation of his fitness to represent himself.

3The respondent asserts that as a result of its employment relationship with the applicant they are aware that he has a mental disorder that worsens when he fails to take medication. Although the respondent is unaware whether the applicant is currently under treatment or taking any medication, they believe that the applicant has demonstrated that he is not competent to represent himself in this Application for the following reasons: he refused to participate in mediation and he did not submit the statement of additional facts and requested remedy or make disclosure of any documents as required by July 12, 2009.

4The applicant responded that he is prepared to comply with the Tribunal directions.

5On the basis of the information before me, I am not satisfied that there is any basis to order the applicant to undergo a medical examination to demonstrate his fitness to represent himself at the hearing, or to stay these proceedings.

6The applicant’s attention is directed to the Tribunal’s Notice of Hearing and Required Preparation dated July 6, 2009.