McPherson v. Hiuser, 2009 HRTO 33

Human Rights Tribunal of Ontario

B E T W E E N:

Lloyd Donoran Clint McPherson

Applicant

-and-

Jim Hiuser

Respondent

INTERIM DECISION

Adjudicator: David Muir

Date: January 12, 2009

Citation: 2009 HRTO 33

Indexed as: McPherson v. Hiuser

1This is an Application filed September 29, 2008 under section 53(3) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). On that day the Tribunal scheduled a mediation for November 26, 2008.

2This is the third interim decision in this Application. The purpose of this interim decision is to issue further case management directions to the parties. In a prior interim decision (2008 HRTO 397) the Tribunal directed the parties to proceed to the next step in the process and prepare for a case resolution conference in accordance with Rule 9.

3Because the respondent had not yet delivered a response to the Application the first direction required that the respondent deliver a copy of his response to the applicant within 10 days of the interim decision.

4The respondent states that he has attempted to deliver the response to the Applicant by registered mail and it was unclaimed. The respondent has provided the envelope containing the response which was returned as unclaimed by Canada Post.

5In the circumstances the Tribunal will forward the material apparently sent to the Applicant by regular mail. The parties should note that the Tribunal's Rules for Transitional Applications under sections 53(3) and 53(5) provide that delivery of material is deemed to have been effected when sent by mail, five days after the post mark date.

6The Tribunal makes the following further directions:

a. Within 30 days following the date of this decision, the applicant shall deliver to the respondents 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 addition, the applicant shall deliver to the respondents a copy of all arguably relevant documents in the applicant's possession, except where privilege is claimed.

b. Within 45 days following the date of this decision, 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 a copy of all arguably relevant documents in the respondent's possession to the other parties, except where privilege is claimed.

7I am not seized of this matter.