Hayden Marquardt-Grainer by his next friend Richard Grainer v. Countrywide Action Realty, 2010 HRTO 654

Human Rights Tribunal of Ontario

Between:

Hayden Marquardt-Grainer by his next friend Richard Grainer Applicant

-and-

Countrywide Action Realty Respondent

Interim Decision

Adjudicator: Michelle Flaherty Date: March 25, 2010 Citation: 2010 HRTO 654 Indexed as: Marquardt-Grainer v. Countrywide Action Realty

1The Application was filed on February 26, 2010, on behalf of a minor and pursuant to s. 34 of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). The applicant is three years old and has asthma. He alleges discrimination in the area of housing on the basis of disability.

2On March 1, 2010, the applicant filed a Request to Expedite the Application (“Request”), citing ongoing and possibly serious health concerns as a result of alleged exposure to dryer fumes and chemicals.

3The respondent has not yet filed a Response to the Application and the deadline for doing so has not yet passed.

4The respondent has filed a Response to the Request. It does not take a position regarding the Request, but does indicate its willingness to participate in a mediation.

5The Tribunal’s Rules of Procedure provide for applications to be dealt with in an expedited manner in urgent circumstances. Rule 21.1 states that an applicant may ask the Tribunal to deal with an application on an expedited basis in circumstances which require an urgent resolution of the issues in dispute. Rule 21.2 requires an applicant seeking an expedited application to identify any urgent circumstances that may affect the fair and just resolution of the merits of the application and the harm that would result if the request is denied.

6In Weerawardane v. 2152458 Ontario Ltd., 2008 HRTO 53, at para. 9 the Tribunal held that, for a request to expedite to be granted, the applicant must demonstrate that the circumstances are truly urgent, requiring the resolution of the human rights dispute in a particularly rapid manner as compared with the time required to complete the Tribunal’s regular process.

7In my view, the health concerns raised by the applicant, which were not referred to or denied by the respondent, constitute urgent circumstances within the meaning of the Tribunal’s jurisprudence.

8In the circumstances, the Request to Expedite is granted. As all parties have indicated a willingness to participate in a mediation, the Tribunal will consult with the parties to schedule a mediation on the earliest possible date.

9The respondent is required to serve its Response in Form 2 by the earlier of 15 days prior to the date of mediation or 35 days from the date the Application was delivered to it.

10If the matter is not resolved at mediation, the Tribunal will give further directions regarding the next steps in the expedited proceedings.

11I am not seized of this matter.