Djoro Garandi v. Her Majesty the Queen in right of Ontario as represented by the Ontario Human Rights Commission and Peter Benesch, 2009 HRTO 52

Human Rights Tribunal of Ontario

B E T W E E N:

Djoro Garandi

Applicant

-and-

Her Majesty the Queen in right of Ontario as represented by the Ontario Human Rights Commission and Peter Benesch

Respondents

INTERIM DECISION

Adjudicator: David Muir

Date: January 16, 2009

Citation: 2009 HRTO 52

Indexed as: Garandi v. Ontario (Human Rights Commission)

1This is an Application filed December 8, 2008 pursuant to section 53(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code"). On December 31, 2008 the respondents filed their Response to the Application and indicated that they did not wish to attend a mediation in this case.

2The Tribunal's Rules of Procedure for Transitional Applications under Section 53(3) and 53(5) of the Human Rights Code (Transition Rules) and the Tribunal's Guide to Section 53(3) Applications, contemplate that the first step in a section 53(3) application is mediation. If mediation is unsuccessful, the mediator will assist the parties to complete a case management checklist and the Application proceeds to a Case Resolution Conference.

3Where a party refuses to attend the mediation, it may impede the efficient processing of the Application, in which case the Tribunal may, in its discretion, issue a case management direction directing the parties to attend at the Tribunal to complete the matters identified in the case management checklist. In this case, however, I am satisfied the Application can be processed expeditiously without requiring such attendance.

4In the circumstances of this case, and having regard to the Rules, the mediation scheduled for March 5, 2009 is cancelled. The Tribunal will proceed to the next step in the process, which is to prepare for a Case Resolution Conference.

5Accordingly, the parties are directed as follows:

a. Within 30 days following the date of this decision, the applicant shall deliver to the respondents and file with the Tribunal, a statement of any additional facts the applicant intends to rely upon and a description of the remedies sought. In addition, the applicant shall deliver to the respondents a copy of all arguably relevant documents in the applicant's possession, except where privilege is claimed.

b. Within 45 days following the date of this decision, the respondents shall deliver to the applicant and file with the Tribunal a statement of any additional facts the respondents will rely upon and the respondents' position with respect to the requested remedies. In addition, the respondents must deliver to the applicant a copy of all arguably relevant documents in the respondents' possession, except where privilege is claimed.

6The Tribunal will contact the parties to set a date for the Case Resolution Conference. The parties are reminded that the Rules contemplate that applications under section 53(3) of the Code be dealt with in an expedited manner.

7I am not seized of this Application.