HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Robert Strutt

Applicant

-and-

City of Toronto

Respondent

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: March 20, 2009

Citation: 2009 HRTO 332

Indexed as: Strutt v. Toronto (City)

[1] This is an Application filed August 25, 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 purpose of this Interim Decision is to issue case management directions. The directions in this decision replace those set out in prior letters issued from the Registrar-Transition.

[2] In a previous Interim Decision, [2008 HRTO 271](https://www.minicounsel.ca/hrto/2008/271), issued after mediation was declined, the applicant was directed to provide an additional statement of facts, with particular attention to the particulars requested by the respondent.

[3] After some delay, caused by the applicant’s attempts to seek representation, the applicant filed an additional statement of facts and remedy on January 27, 2009 and disclosed documents on February 10, 2009.

[4] On March 6, 2009, the respondent filed a Request for early dismissal of the Application, as well as an objection to the attempted expansion of the Application. In the alternative, the respondent seeks particulars and an extension of time to file its additional statement of facts and make disclosure pending determination of the outcome of this request.

[5] The Tribunal has the discretion to determine the order in which issues are determined and in my view, the matters raised by the respondent should be considered after the respondent has filed its additional statement of facts and response to remedy.

[6] The respondent is directed to file its additional statement of facts and response to remedy and make disclosure within 30 days of the date of this Interim Decision (except with respect to those incidents that arose after the filing of the original complaint). This is without prejudice to the respondent’s right to file a further statement of additional facts, if required.

[7] The applicant is directed to file her response to the respondent’s requests within 10 days of the date of this Interim Decision and the respondent may file its reply, if any, within five days of receiving the applicant’s submissions.

[8] Upon receipt of the submissions and the respondent’s statement of additional fact and response to remedy, the Tribunal will issue further directions.

Dated at Toronto, this day of 20th day of March, 2009.

“Signed by”

_________________________________________

Kaye Joachim

Alternate Chair