Isidoro Mayta v. Canada Lands Company, CLC Limited, Canadian Auto Workers (Canada), Local 4271 and Doris Bradley, 2009 HRTO 372

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N

Isidoro Mayta

Applicant

-and-

Canada Lands Company, CLC Limited, Canadian Auto Workers (Canada), Local 4271 and Doris Bradley

Respondents

INTERIM DECISION

Adjudicator: Andrew M. Diamond

Date: April 1, 2009

Citation: 2009 HRTO 372

Indexed as: Mayta v. Canada Lands

Introduction

1This is an Application filed under s.53(3) of the Human Rights Code, R.S.O. 1990, c.H-19, as amended (the "Code") alleging discrimination in employment based on disability, ethnic origin, race and creed. The parties participated in a mediation session on December 1, 2008. The matter was not resolved at the mediation, and the respondents advised that they would be making a request for an order that the application be dismissed based on a number of stated grounds.

2At the mediation the parties agreed to a timetable for the exchange of submissions with respect the request for an order. The timetable, as well as the date of March 31, 2009 for the Case Resolution Conference (CRC), was confirmed by way of a Registrar's letter dated December 4, 2009 to all parties. All parties complied with the timetable for submissions.

3On March 31, 2009, neither the applicant nor his counsel attended the CRC. There was also no answer to telephone calls by the Tribunal to the office of counsel for applicant. At 10.05 AM, 35 minutes after the CRC was scheduled to start, counsel for the applicant returned the Tribunal's phone call indicating that he was still at home and "was unaware of the hearing being scheduled for March 31, 2009".

Decision

4The CRC is adjourned to May 28, 2009. The date is pre-emptory to the applicant. Counsel for the respondents advised that they reserve their right to argue that the applicant had proper notice of CRC and that his conduct in failing to attend is further evidence of delay and abuse of process.

5I am not seized of this matter.