Bark v. Assurant Solutions, 2009 HRTO 1654

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lousie Bark

Applicant

-and-

Assurant Solutions and Shepell fgi

Respondents

INTERIM DECISION

Adjudicator: Judith Keene

Date: October 13, 2009

Citation: 2009 HRTO 1654

Indexed as: Bark v. Assurant Solutions

1The applicant filed an Application with the Tribunal on September 15, 2009, pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application alleges discrimination in employment on the ground of disability. The main issue is alleged refusal to accommodate or inadequate accommodation.

2The applicant asks that the Application be expedited pursuant to Rule 21 of the Tribunal’s Rules of Procedure for applications under Part IV of the Code. In support of her Request to Expedite, the applicant cites concerns with the effects of being fired.

3Only the respondent Assurant Solutions responded to the Request to Expedite. In its Response to the Request to Expedite, the respondent indicates that the applicant resigned in August, 2009, and confirmed her resignation on September 8, 2009. The respondent appended copies of the applicant’s letters of resignation to its Response.

4In Weerawardane v. 2152458 Ontario Ltd., 2008 HRTO 53, the Tribunal outlined the process of a proceeding before this Tribunal:

The Tribunal is committed to the fair, just and expeditious resolution of the merits of human rights applications, and its process is designed for timely resolution of all such disputes. A respondent must file a complete response within 35 days after a copy of the application was delivered to the respondent (Rule 8), and a reply may be filed within 14 days of when the response was sent to the applicant (Rule 9). With the agreement of the parties and the Tribunal, mediation will be scheduled shortly afterwards. If no mediation takes place or following an unsuccessful mediation, the Tribunal will send a confirmation of hearing to the parties, which triggers an obligation to disclose all arguably relevant documents within 21 days (Rule 16.1). A hearing will follow. The Tribunal expects most hearings to be completed within one year of an application being filed.

5The respondent’s Response to the Application is due on or before November 3, 2009. Both applicant and respondent have indicated their willingness to engage in mediation.

6Since Rule 21 does not provide for any specific changes to the Tribunal’s process if a request to expedite is granted, the Tribunal determines on a case-by-case basis what changes might be necessary to its processes in a particular expedited proceeding. Changes may include abridgement of response, reply, and disclosure timelines, setting early hearing dates, and, where the parties consent to mediate, scheduling rapid mediation dates. The Tribunal may also exercise its powers under the Code and Rule 1.7 to direct the hearing process to ensure a particularly expeditious decision.

7In these circumstances, I do not find that the facts are so urgent as to support giving this Application priority for Tribunal resources over other applications.

8The Tribunal will schedule a mediation in accordance with its usual practices.

9All time requirements under the Rules remain in effect, including the requirement for the respondent to deliver and file the Response to Application by November 3, 2009, 2009.

10I am not seized of this matter.