Smith v. Metro Ontario, 2009 HRTO 373

Human Rights Tribunal of Ontario

B E T W E E N:

Larena Smith

Applicant

-and-

Metro Ontario Inc., Guido Madruson, Steve Taylor and Stacey Clay

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: April 1, 2009

Citation: 2009 HRTO 373

Indexed as: Smith v. Metro Ontario

1This is an Application filed October 10, 2008 under section 53(3) of the Human Rights Code, R.S.O. 1990, c. H. 19, as amended (the "Code"). The Case Resolution Conference in this matter is scheduled for November 5 and 6, 2009.

2The respondents request that the personal respondents be removed from these proceedings. The applicant opposed the removal of the personal respondents.

3In my view, this type of preliminary matter would rarely be decided in an interim decision in section 53(3) applications. Section 53(3) applications are designed to be dealt with in a highly expeditious manner and preliminary requests and motions are discouraged. Requests such as the current one can best be dealt by the adjudicator at the Case Resolution Conference. There is little doubt that the personal respondents will be required to attend the hearing in any event, as their evidence is required.

4The respondents' Request that the personal respondents be removed as parties to this Application is refused.