Gerrald Stangret v. Toronto Transit Commission, 2009 HRTO 19

Human Rights Tribunal of Ontario

Between:

Gerrald Stangret Applicant

-and-

Toronto Transit Commission Respondent

Interim Decision

Adjudicator: Kaye Joachim Date: January 8, 2009 Citation: 2009 HRTO 19 Indexed as: Stangret v. Toronto Transit Commission

1This is an Application filed September 11, 2008 under section 53(3) of the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the "Code"). In a prior Interim Decision, 2008 HRTO 315, the Tribunal denied the respondent's request for particulars and documents referred to in the Application prior to it filing its Response.

2On January 6, 2009, the respondent filed its Response, declined to attend mediation, and asked for reconsideration of the Tribunal's earlier order requiring the Response prior to considering the request for particulars and documents. As the Response has now been filed, the request for reconsideration is moot.

3Where a party 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 the parties to 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.

4In the circumstances of this case, and having regard to the Tribunal's Section 53(3) Rules, this Application will proceed to the next step in the process, which is to prepare for a case resolution conference in accordance with Rule 9.

5Accordingly, the parties are directed as follows:

a. Within 30 days following the date of this decision, the applicant shall deliver to the respondent 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 particular, the applicant is to provide particulars of his disability and his version of the conversations which allegedly took place between himself and the TTC operators on April 7, 2007 and May 10, 2007. In addition, the applicant shall deliver to the respondent a copy of all arguably relevant documents (including copies of the audiotapes of the April 7, 2007 and May 10, 2007 conversations and transcripts, if any) in the applicant's possession, except where privilege is claimed.

b. Within 30 days following receipt of the material in paragraph a, the respondent shall deliver to the applicant 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.

6The parties are directed to advise the Registrar-Transition within 10 days of receipt of this decision of their availability during the weeks of April 13 and 20, 2009 to enable the Tribunal to schedule a one day Case Resolution Conference. If the parties do not provide their availability, the Tribunal may schedule the Case Resolution Conference without further consultation with the parties.