Stoppa v. Arbor Memorial Services, 2009 HRTO 375

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Janice Stoppa

Applicant

-and-

Arbor Memorial Services

Respondent

INTERIM DECISION

Adjudicator: Judith Keene

Date: April 1, 2009

Citation: 2009 HRTO 375

Indexed as: Stoppa 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 for applications under Part IV of the Code. In support of her Request to Expedite, the applicant states that the payment she was given by her employer in lieu of notice will cover two months’ rent, after which she may have to give up her home. 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 the applicant’s concern in regard to losing her home is not an adequate justification for the urgent processing of this file, and that the Tribunal should not take into account the applicant’s concern about her sister’s circumstances.

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 24, 2009. Both applicant and respondent have indicated their willingness to engage in mediation.

6For a request to expedite to be granted, the applicant must demonstrate that the circumstances are truly urgent, requiring the resolution of the human rights dispute in a particularly rapid manner as compared with the time required to complete the Tribunal’s regular process. The financial consequences for a dismissed employee may constitute such a justification in some circumstances. The loss of one’s home is certainly a significant consequence of the termination of employment, but it is unfortunately not an unusual one. Further, the applicant at this point seeks monetary compensation rather than reinstatement in her former employment. 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.

7The Tribunal will schedule a mediation for a date as soon as possible after April 24, 2009. The Registrar’s office will contact the parties to schedule the mediation on a mutually agreeable date. I note that, in her Request to Expedite, the applicant has indicated that she and her sister, who has also filed an Application involving some of the same facts, are “presenting together at the Tribunal in the same matter”. The Tribunal may make an order, under Rule 1.7(d) of its Rules of Procedure, that Applications be consolidated or heard together. However, it appears that the applicant has not yet filed with the Registrar a written request that the two matters be dealt with together.

8All time requirements under the Rules remain in effect, including the requirement for the respondent to deliver and file the Response to Application (Form 2) by April 24, 2009.

9I am not seized of this matter.