Janet Mitchell v. Halton Condominium Corporation #499, 2010 HRTO 1876

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Janet Mitchell

Applicant

-and-

Halton Condominium Corporation #499, Alfred Roberts, Bill Bradford and Debra Leyhane

Respondents

INTERIM DECISION

Adjudicator: David A. Wright

Date: September 14, 2010

Citation: 2010 HRTO 1876

Indexed as: Mitchell v. Halton Condominium Corporation #499

1I have reviewed the parties’ submissions regarding the applicant’s request for an extension of the order contained at para. 25 of the Tribunal’s Decision, 2010 HRTO 1507. I also note the parties’ subsequent agreement to settle the Court Application and have the issues determined by Arbitrator Murray Miskin, and their agreement as follows:

Pending the determination of the above issues by [Mr. Miskin], the Mitchells shall be entitled to seek further extensions of the injunctive relief granted by the Human Rights Tribunal on July 7, 2010 for such periods and on such terms the Tribunal may allow from time to time, or may seek such interlocutory injunctive relief from [Mr. Miskin], if necessary. The Corporation and its directors will not oppose any request for an extension of the injunctive relief, provided the period of the extension sought is reasonable in the circumstances and the Mitchells have not caused or permitted to be caused, any unreasonable or undue delay to the determination of the aforesaid issues by [Mr. Miskin].

2In the circumstances, the Order is extended for a further 60 days. Upon its expiry, the Order shall be automatically renewed for a 60 day period and for further 60 day periods as each period expires unless either party writes to the Tribunal 10 days before expiry to oppose extension. The Order shall automatically terminate when Mr. Miskin makes a final ruling on the issues in the arbitration.