Ruffolo v. Belairdirect, Riverfront Medical Services, 2011 HRTO 2065

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Achille Ruffolo Applicant

-and-

Belairdirect, Riverfront Medical Services, Gloria Chabot and Keith Meloff Respondents

A N D B E T W E E N:

Achille Ruffolo Applicant

-and-

Belairdirect and Gloria Chabot Respondents

INTERIM DECISION

Adjudicator: Sherry Liang Date: November 14, 2011 Citation: 2011 HRTO 2065 Indexed as: Ruffolo v. Belairdirect, Riverfront Medical Services

1Tribunal File No. 2011-09212-I (the June 16 Application) was filed on June 16, 2011 under section 34 of Part IV of the Human Rights Code, R.S.O. 1990, c. H.19, as amended (the “Code”). Tribunal File No. 2011-09254-I (the June 22 Application) was filed on June 22, 2011.

2The respondents, Belairdirect (Belair) and Gloria Chabot, have filed a Request for an Order During Proceedings (RFOP) in the June 16 Application in which they seek the following:

• That the requirement to file a Response be held in abeyance;
• That the Application be adjourned pending the filing of a RFOP asking that the Application be dismissed as an abuse of process and that the applicant be declared a vexatious litigant before this Tribunal;
• That this Application be joined with related Tribunal File Nos. 2010-06072-I, 2010-06409-I, 2010-06916-I and 2010-07253-I so that a joint RFOP may be filed by January 31, 2012.
• That the Tribunal advise them if there are any further Applications that have been filed by the applicant naming Belair, Gloria Chabot or any other employees of Belair and that it/they be served on counsel for Belair and that the Tribunal make a determination that any such Application be joined in the proposed RFOP to be filed;
• That any further Applications filed by the applicant from October 2, 2011 be held in abeyance pending the determination of the RFOP to be filed.

3This RFOP was delivered to the other parties, none of whom have responded to it.

4This RFOP refers to a number of other applications filed by this applicant against Belair and its employees, and the history of those other applications. Numerous Case Assessment Directions and decisions have been issued on these matters including, most recently, my Interim Decision of October 20, 2011 adjourning the summary hearing in Tribunal File No. 2010-07253-I pending the filing of the RFOP referred to above by January 31, 2012 (2011 HRTO 1902), and my Interim Decision of October 18, 2011 in three other related applications, adjourning those pending the filing of the same RFOP (2011 HRTO 1882).

5The Tribunal has not sent the respondents a Notice of Application in the June 22 Application. It appears that it is the only additional outstanding Application made by this applicant against Belair and its employees.

6Having regard to the above and all the material before me, I grant the orders requested. I accordingly direct as follows:

• The requirement to file a Response in the June 16 Application is held in abeyance;
• These Applications are both held in abeyance pending the filing of a RFOP, on or before January 31, 2012, asking that the Applications be dismissed as an abuse of process and that the applicant be declared a vexatious litigant before this Tribunal;
• The Tribunal will deal with these Applications together with related Tribunal File Nos. 2010-06072-I, 2010-06409-I, 2010-06916-I and 2010-07253-I;
• A copy of the June 22 Application will be sent to counsel for Belair along with this Interim Decision;
• The Tribunal will review any additional Application filed by this applicant against Belair and/or its employees to determine whether these orders will apply.