Walker v. Arbor Memorial Services, 2009 HRTO 374

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Catherine Walker

Applicant

-and-

Arbor Memorial Services Inc.

Respondent

INTERIM DECISION

Adjudicator: Judith Keene

Date: April 1, 2009

Citation: 2009 HRTO 374

Indexed as: Walker v. Arbor Memorial Services

1The applicant filed an Application with the Tribunal on March 16, 2009, pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The Application alleges that the applicant’s employment was terminated as a reprisal for the applicant’s participation in an investigation undertaken by her employer of a harassment complaint.

2The applicant asks that the Application be expedited pursuant to Rule 21 of the Tribunal’s Rules of Procedure. In support of her Request to Expedite, the applicant states that she is in the midst of sponsoring her husband and step-son to become landed immigrants. Part of the sponsorship agreement is that she is financially responsible for her husband and step-son, and she is worried that the termination of her employment may affect the process, and that her husband and step-son may have to return to the United Kingdom. The applicant also refers to the circumstances of her sister, whose employment was terminated at the same time as hers.

3The respondent opposes the Request to Expedite. It states that there are “no facts that take this case outside of the normal process”. It refers to the applicant’s concern about the immigration process, but indicates that this is unrelated to any remedy that the Tribunal may be able to offer.

4Weerawardane v. 2152458 Ontario Ltd., 2008 HRTO 53, outlines the process of a proceeding before this Tribunal:

The Tribunal is committed to the fair, just and expeditious resolution of the merits of human rights applications, and its process is designed for timely resolution of all such disputes. A respondent must file a complete response within 35 days after a copy of the application was delivered to the respondent (Rule 8), and a reply may be filed within 14 days of when the response was sent to the applicant (Rule 9). With the agreement of the parties and the Tribunal, mediation will be scheduled shortly afterwards. If no mediation takes place or following an unsuccessful mediation, the Tribunal will send a confirmation of hearing to the parties, which triggers an obligation to disclose all arguably relevant documents within 21 days (Rule 16.1). A hearing will follow. The Tribunal expects most hearings to be completed within one year of an application being filed.

5The respondent’s Response to the Application is due on or before April 23, 2009. Both applicant and respondent have indicated their willingness to engage in mediation.

6Since Rule 21 does not provide for any specific changes to the Tribunal’s process if a request to expedite is granted, the Tribunal determines on a case-by-case basis what changes might be necessary to its processes in a particular expedited proceeding. Changes may include abridgement of Response, Reply, and disclosure timelines, setting early hearing dates, and, where the parties consent to mediate, scheduling rapid mediation dates. The Tribunal may also exercise its powers under the Code and Rule 1.7 to direct the hearing process to ensure a particularly expeditious decision.

7It appears that, so far, there has not been any indication of adverse consequence to the immigration process of the type the applicant is concerned about. In these circumstances, I do not find that the facts are so urgent as to support giving this Application priority for Tribunal resources over other matters. If circumstances relating to the immigration process change, the applicant may renew her Request to Expedite Proceedings.

8The Tribunal will schedule a mediation for a date as soon as possible after April 23, 2009. The Registrar’s office will contact the parties to schedule the mediation on a mutually agreeable date.

9All time requirements under the Rules remain in effect, including the requirement for the respondent to deliver and file the Response to Application by April 23, 2009.

10I am not seized of this matter.