Ethel Robinson v. Town of Spanish, 2009 HRTO 1864

Human Rights Tribunal of Ontario

B E T W E E N :

Ethel Robinson Applicant

-and-

Town of Spanish Respondent

INTERIM DECISION

Adjudicator: Kaye Joachim Date: November 3, 2009 Citation: 2009 HRTO 1864 Indexed as: Robinson v. Spanish (Town)

1This Application was filed under s. 53(3) of the Human Rights Code, R.S.O. 1990, c.H-19, as amended (the "Code"). A Case Resolution Conference is scheduled for November 18, 2009 in Sault Ste. Marie. The purpose of this Interim Decision is to deal provide for the orderly conduct of the hearing.

2The respondent has raised an issue whether the Application was filed in a timely manner or should be dismissed under section 34(2) of the Code. In a prior Interim Decision, 2009 HRTO 1484, the Tribunal directed that this issue will be dealt with at the Case Resolution Conference in a manner to be determined by the Member.

3The respondent has indicated that it has three witnesses on preliminary issue of delay and two witnesses, including an expert medical witness, on the merits. The respondent requests that the hearing be extended to five days, in light of the expense of paying for the expert witness to attend when it is not likely she will be able to testify on the day scheduled.

4The Tribunal will not extend the hearing dates at this time. It is unlikely that the Member hearing this Application will be able to address both the delay argument and the merits in their entirety on one day. It would be fair, just and expeditious to separate the hearing of liability from the issue of remedy. Accordingly, the issue of remedy, if any, will not be dealt with on November 18, 2009.

5However, it may be that the preliminary issue, the applicant's evidence and the evidence of the non-expert respondent witnesses on the merits cannot be heard on November 18, 2009. Therefore, the Tribunal directs that the respondent is not required to bring the expert witness to the first day of hearing. The parties are required to bring their remaining witnesses. A further hearing day or days will be scheduled, if required.

6The Case Resolution Conference will proceed as directed above on November 18, 2009 in Sault Ste. Marie.