Lynn Logtenberg v. Ontario (Finance), 2010 HRTO 1188

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Lynn Logtenberg

Applicant

-and-

Her Majesty the Queen in Right of Ontario as represented by the Minister of Finance (Financial Services Commission of Ontario)

Respondent

AND B E T W E EN:

Lynn Logtenberg

Applicant

-and-

Multi Disciplinary Assessment Centre

Respondent

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: May 26, 2010

Citation: 2010 HRTO 1188

Indexed as: Logtenberg v. Ontario (Finance)

1These are two Applications filed June 30, 2009 under section 53(5) of Part VI of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the "Code").

2The Applications relate to the applicant's attendance at the Multi Disciplinary Assessment Centre ("MDAC") on November 24, 2004. She alleges that the MDAC discriminated against her on the basis of disability by refusing to permit her chosen aide to attend with her.

3By May 17, 2010, MDAC had not filed a Response despite being directed by the Tribunal to do so in Interim Decision 2009 HRTO 2224, dated December 18, 2009, by correspondence dated January 27, 2010 and by correspondence dated February 10, 2010. On May 4, 2010, mediation was conducted but did not resolve the Applications.

4On May 17, 2010, the applicant filed a Request for Order during Proceedings (TR-4) seeking an order deeming MDAC to have accepted all of the allegations in the Application, including the allegations set out in the complaint; an order deeming MDAC to have waived all rights with respect to further notice or participation in the proceeding; or in the alternative, an order directing that the Tribunal would decide the matter based only on the material before the Tribunal.

5On May 19, 2010, MDAC filed its Response and its original response to the Commission as well as a Response to the Request for Order. I note that MDAC had indicated on February 4, 2010 its intention to participate in these proceedings and that it did participate in the mediation on May 4, 2010. In the circumstances, it would not be appropriate to grant the requested orders as MDAC has clearly indicated its intention to participate in the proceedings. The applicant has been aware of MDAC's position on the merits and there is no prejudice to the applicant in permitting MDAC to file its Response at this time.

6However, MDAC is advised that failure to comply with Tribunal Decisions and Directions in the future may attract the consequences for non-compliance.

7The Registrar-Transition will contact the parties to schedule the hearing.