Donald McDonald v. Ripley’s Niagara Waterpark o/a Great Wolf Lodge, 2010 HRTO 897

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Donald McDonald

Applicant

-and-

Ripley’s Niagara Waterpark o/a Great Wolf Lodge

Respondent

INTERIM DECISION

Adjudicator: Sherry Liang

Date: April 26, 2010

Citation: 2010 HRTO 897

Indexed as: McDonald v. Ripley’s Niagara Waterpark

1This is an Application received by the Tribunal on March 24, 2010, made under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended. The applicant alleges that the respondent, his employer, has discriminated against him by failing to provide accommodation of parking requirements arising out of his disability.

2The Application was accompanied by a Request for Interim Remedy. Rule 23 of the Tribunal’s Rules of Procedure, dealing with Interim Remedies, requires that a Request for Interim Remedy must “be delivered to the other parties along with the completed Application before it is filed with the Tribunal.” Rule 1.21 of the Rules, dealing with delivery of documents to parties, sets out the methods through which documents must be delivered to parties or other persons. Under Rule 1.21, documents may only be delivered by email “where the person or parties receiving the document has consented to email delivery”.

3The applicant delivered the Application and Request for Interim Remedy to the respondent by email only. There is nothing in the materials indicating that the respondent has consented to email delivery of documents, and it has not responded to the Request.

4In the circumstances, before considering the Request, the Tribunal requires the applicant to deliver the Application and Request to the respondent, along with all supporting documentation, by one of the methods of delivery specified in Rule 1.21. The applicant must file a further Form 23 confirming proper delivery of the material under the Rules.

5The Tribunal will consider the Request once proper delivery is made and the respondent has filed a Response to the Request or the time for doing so has elapsed.

6I am not seized of this matter.