Yvonne Sharras v. Rouge Valley Health System and Sheri Bredewold, 2009 HRTO 537

Human Rights Tribunal of Ontario

Between:

Yvonne Sharras Applicant

-and-

Rouge Valley Health System and Sheri Bredewold Respondents

Interim Decision

Adjudicator: David A. Wright Date: April 30, 2009 Citation: 2009 HRTO 537 Indexed as: Sharras v. Rouge Valley Health System

1This is an Application under s. 53(3) of the Human Rights Code, R.S.O. 1990, c. H.19. The Case Resolution Conference is scheduled for May 8, 2009. The respondent has filed a Request for Order During Proceedings asking that the Application be dismissed as against the personal respondent prior to the Case Resolution Conference.

2The applicant need not respond to the Request. In Schafer v. Toronto District School Board, 2009 HRTO 407 at para. 3, the Tribunal stated as follows:

In 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.

3I adopt this reasoning, which applies equally to the present case. The Request to dismiss the Application against the personal respondent is dismissed.