minicounsel

Bellucci v. Homestead Land Holdings, 2010 HRTO 2480

December 14, 2010

Bellucci v. Homestead Land Holdings, 2010 HRTO 2480

Case Summary

The respondent filed a Request for Order During Proceedings seeking to consolidate two human rights applications arising from the applicants' employment and termination as building superintendents. The applicants consented to the consolidation. The Tribunal granted the request, finding a strong public interest in consolidating the applications, and directed the matters to mediation.

Human Rights Tribunal of Ontario

B E T W E E N:

Cathy-Jo Bellucci Applicant

-and-

Homestead Land Holdings Limited Respondent

AND B E T W E E N:

John Bellucci Applicant

-and-

Homestead Land Holdings Limited Respondent

INTERIM DECISION

Adjudicator: Kathleen Martin Date: December 14, 2010 Citation: 2010 HRTO 2480 Indexed as: Bellucci v. Homestead Land Holdings

[1] These are two Applications filed under section 34 of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the "Code") on August 6, 2010. Tribunal File 2010-06496-I is an Application alleging discrimination in employment on the basis of disability. Tribunal File 2010-06494-I is an Application alleging discrimination in employment on the basis of association with a person identified by a prohibited ground of discrimination and reprisal. Both Applications arise out of the same events; namely the applicants' employment and subsequent termination from employment as Building Superintendents/Managers for one of the respondent's apartment properties in Hamilton.

[2] On October 19, 2010, the respondent filed a single Response to the two Applications along with a Request For Order During Proceedings seeking consolidation of the Applications. Among other things, the respondent submits that the facts and issues on both Applications are common and interrelated and that it would be in the public interest to consolidate and there is no prejudice to any party in doing so.

[3] A response has been filed by each of the applicants consenting to consolidation.

[4] Rule 1.7 d) provides that in order to provide for the fair, just and expeditious resolution of any matter before it the Tribunal may consolidate or hear Applications together.

[5] In this case, having regard to the material filed and submissions made, I am satisfied that there is a strong public interest in consolidating these Applications. The respondent's request to consolidate is therefore granted.

[6] As all parties have agreed to mediation, the Applications will be scheduled for mediation.

[7] I am not seized of these matters.

Dated at Toronto, this 14th day of December, 2010.

"Signed by"

Kathleen Martin Vice-chair