HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Donald Bower

Applicant

-and-

Toronto Community Housing Corporation, Pat Milana,

Paulette Duplessie, Maurice Brenner, and Steve Flores

Respondents

INTERIM DECISION

Adjudicator: David Muir

Date: January 9, 2009

Citation: 2009 HRTO 21

Indexed as: Bower v. Toronto Community Housing Corporation

1This is an Application filed October 15, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). The respondents have yet to file a Response (Form B) and have asked for an extension of time to do so.

2The respondents indicate that two grievance proceedings have been commenced by the applicant and his bargaining agent that raise similar issues to the present Application. A copy of the grievances has been filed with the Tribunal.

[3] The respondents request that the Application be deferred pending completion of the grievances. Section 45 of the Code permits the Tribunal to defer an application in accordance with the Tribunal’s Rules.

[4] The expectation is that most section 53(3) applications will be scheduled for mediation prior to the hearing and determination of preliminary matters. However, the Tribunal retains the discretion to control its process and will hear preliminary requests prior to the mediation in appropriate circumstances. Rule 4.3(d) provides that the Tribunal may determine and direct the order in which issues in a proceeding will be considered and determined.

5As a result, the Tribunal determines that it is appropriate to receive submissions with respect to whether, in the circumstances, this Application ought to be deferred pursuant to section 45 of the Code.

6The Tribunal makes the following case management directions:

a. Within 20 days of the date of this decision, the applicant shall deliver to the respondents and file with the Tribunal, submissions on whether this Application ought to be deferred pending completion of the grievance arbitrations.

b. Within 20 days of this decision the respondents shall deliver and file their Response to the Application (Form B).

c. Within 20 days of receipt of the applicant’s submissions, the respondents shall deliver to the applicant and file with the Tribunal a Response to the applicant’s submissions.

d. Within 10 days of receipt of the respondents’ submissions, the applicant may deliver and file his Reply.

7The Tribunal may decide the preliminary issues on the basis of the written submissions. If oral submissions are required, the Tribunal will contact the parties to set a case resolution conference.

8I am not seized of this matter.