Freitag v. Penetanguishene (Town), 2009 HRTO 219

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Henry Freitag

Applicant

-and-

The Corporation of the Town of Penetanguishene

Respondent

AND B E T W E E N:

Henry Freitag

Applicant

-and-

The Corporation of the Town of Penetanguishene

Respondent

AND B E T W E E N:

Bill Ogilvie

Applicant

-and-

The Corporation of the Town of Penetanguishene

Respondent

AND B E T W E E N:

Henry Freitag

Applicant

-and-

The Corporation of the Town of Penetanguishene

Respondent

AND B E T W E E N:

Henry Freitag

Applicant

-and-

The Corporation of the Town of Penetanguishene

Respondent

AND B E T W E E N:

Henry Freitag

Applicant

-and-

The Corporation of the Town of Penetanguishene

Respondent

INTERIM DECISION

Adjudicator: Brian Eyolfson

Date: March 2, 2009

T-0196-08; T-0944-08

Citation: 2009 HRTO 219

Indexed as: Freitag v. Penetanguishene (Town)

1This Interim Decision addresses a request to have four Applications filed with the Tribunal under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”), and two Applications filed under section 53(3) of the Code consolidated or heard together. All six matters allege discrimination in the area of services on the basis of disability against the same respondent.

2In its Response to file T-0196-08, the respondent indicates that its full legal name is “The Corporation of the Town of Penetanguishene”. The style of cause has been amended accordingly.

3The Tribunal received a letter from the respondent, dated February 3, 2009, requesting that the Tribunal consider the six Applications as one Application. It does not appear that the applicants were copied on that letter. The applicants have since been provided with a copy of the respondent’s letter by the Tribunal.

4The Tribunal may consolidate or hear applications together, in order to provide for the fair, just and expeditious resolution of any matter before it. The Tribunal will treat the respondent’s letter as a request to consolidate or hear the Applications together.

5In the present circumstances, the respondent has not provided Responses to any of the Applications made under section 34 of the Code (2008-00961-I, 2008-00963-I, 2008-00964-I, and 2008-01034-I) and the time limits for doing so have passed. With respect to the Applications made under section 53(3) of the Code, the respondent has provided a Response in file T-0196-08, however, the Response in file T-0944-08 is not due until March 10, 2009.

6Prior to considering the respondent’s request to consolidate or hear the Applications together, the Tribunal requires that the respondent complete serving and filing Responses to the Applications. Accordingly, the Tribunal directs the respondent to file the five remaining Responses by no later than March 10, 2009.

7The applicants shall have until March 24, 2009 to file any Reply to the Responses. The applicants may address the respondent’s request to consolidate or hear the Applications together in their Reply.

8The parties are reminded that, pursuant to the Tribunal’s Rules of Procedure, all written communications with the Tribunal must be copied to all other parties. Also, pursuant to the Tribunal’s Rules, parties and their representatives may not use documents obtained under the Rules for any purpose other than in the proceeding before the Tribunal.

9I am not seized of this matter.