Aboagye v. Business Depot, 2010 HRTO 371

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Kofi Aboagye

Applicant

-and-

The Business Depot Ltd., Ali Farahani and Umair Chandhari

Respondents

A N D B E T W E E N:

Coralie Judah

Applicant

-and-

Homestead Land Holdings Limited, Staples Inc., The Business Depot Ltd. and nine individual respondents

Respondents

A N D B E T W E E N:

Kofi Aboagye

Applicant

-and-

The Business Depot Ltd., Ali Farahani and Umair Chandhari

Respondents

INTERIM DECISION

Adjudicator: Sherry Liang

Date: February 18, 2010

Citation: 2010 HRTO 371

Indexed as: Aboagye v. Business Depot

INTRODUCTION

1This Interim Decision deals with three Applications before the Tribunal:

• T-0903-08 is an Application filed under section 53(3) of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”) (the Transition Application);

• 2009-01862-I is an Application filed April 3, 2009 under section 34 of Part IV of the Code (the April 3 Application);

• 2009-03685-S is an Application for Contravention of Settlement filed June 10, 2009 (the breach of settlement Application).

2Among the material before the Tribunal is a Form 10 dated May 27, 2009, confirming settlement. The Form 10 is signed by Coralie Judah and counsel for the respondents on the Transition Application. The Form 10 is accompanied by Minutes of Settlement of the same date, between Kofi Aboagye and Coralie Perkins-Aboagye Judah as applicants and The Business Depot Ltd., “Staples” and individual respondents. These Minutes state that they settle two claims, the Transition Application and another by Kofi Aboagye and Coralie Judah, “file number as yet unknown.” It appears that this reference is to the April 3 Application. The Minutes are signed by Coralie Judah twice, once on her own behalf and once as agent for Kofi Aboagye, as well as by counsel for all respondents.

3The breach of settlement Application is filed by Coralie Judah, as agent for Kofi Aboagye, and refers to the Form 10 and Minutes of Settlement. In the Application, Coralie Judah requests that her name and her claim (the April 3 Application) be removed from the Minutes.

DIRECTION

4The Tribunal requires submissions from the parties on how it should deal with all three of the Applications. The Tribunal therefore directs the parties to answer the following questions:

a. Has the Transition Application been resolved, and should the Tribunal issue a decision disposing of the Application in accordance with the Form 10 filed?

b. Has the April 3 Application been resolved, and should the Tribunal issue a decision disposing of the Application in accordance with the Form 10 filed?

c. If the answer to (a) or (b) is “no”, how should the Tribunal proceed with the Transition and/or April 3 Application(s)?

d. Are there any reasons why the Tribunal should not accept the Form 10 and Minutes of Settlement as having resolved the Transition Application and April 3 Application?

e. Are the respondents prepared to carry out the terms of the settlement?

f. How should the Tribunal proceed with the breach of settlement Application? If there is a settlement, how has it been breached?

5The parties must provide written submissions on the above issues. The applicants’ written submissions must be provided to the Tribunal and copied to all parties by March 4, 2010. The respondents may file written submissions, copied to the applicants, by March 18, 2010. The Tribunal may decide the issues raised by these Applications on the basis of the written submissions, or may make further directions. The parties are requested to indicate whether they wish to have an opportunity to make oral submissions on these issues. The Tribunal is enclosing a copy of Form 18 (the breach of settlement Application), the Form 10 and Minutes of Settlement along with this Interim Decision.

6I am not seized of this matter.